People v. Zolorzano CA2/3

Filed 9/21/20 P. v. Zolorzano CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B295931

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054466) v.

JENNIFER MATILDE ZOLORZANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Reversed with directions. Daniel G. Koryn, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

Jennifer Matilde Zolorzano pleaded no contest to second degree murder. She thereafter petitioned for resentencing under Senate Bill No. 1437, which amended liability for murderers convicted under the felony-murder rule or the natural and probable consequences doctrine. The trial court summarily denied Zolorzano’s petition without appointing counsel for her. Zolorzano appeals. We reverse the order. BACKGROUND In 2011, Zolorzano and Joe Dennis Hickman were charged with the malice aforethought murder of her two-year-old son Deshawn Z. (Pen. Code,1 § 187, subd. (a); count 1), assault on a child causing death (§ 273ab, subd. (a); count 2), and child abuse (§ 273a, subd. (a); count 3). Zolorzano pleaded no contest to second degree murder and was sentenced to 15 years to life in prison. At the plea hearing, Zolorzano’s counsel refused to stipulate to a factual basis for the plea and stated that his client was entering the plea against his advice. After noting that the plea was therefore being made under People v. West (1970) 3 Cal.3d 595,2 the trial court found a factual basis for the plea based on the probation report and preliminary hearing transcripts.3 Thereafter, Senate Bill No. 1437 (2017–2018 Reg. Sess.) took effect January 1, 2019. That law amended the felony-