People v. Prieto CA2/1

Filed 11/25/20 P. v. Prieto CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B301644

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. TA106590)

v.

JOSE ALFREDO PRIETO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Curtis B. Rappe, Judge. Appeal dismissed. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Jose Alfredo Prieto appeals from an order denying his petition for resentencing under Penal Code section 1170.95.1 For the reasons explained below, we dismiss the appeal. A jury convicted Prieto, his brother, and their friend and fellow gang member of robbery, three counts of murder, and a single count of attempted murder. As to the murder counts, the jury found true an allegation that the murders were committed during the commission of a robbery, that Prieto’s brother personally discharged a handgun that caused the death of all three victims, and that a principal personally and intentionally discharged a firearm that caused the death of all three victims. As to the robbery and attempted murder counts, the jury found true an allegation that Prieto personally used a handgun. The jury also found true a gang enhancement allegation. The trial court sentenced Prieto to three consecutive terms of life without the possibility of parole for each of the murders, plus 25 years to life on each of those terms for the firearm enhancement. For the robbery, Prieto was sentenced to three years, plus 10 years for the gang enhancement. On direct appeal, we affirmed Prieto’s conviction, but ordered the trial court to modify the judgment to reflect Prieto’s joint and several liability for a restitution component, to issue a corrected abstract of judgment, and to forward a certified copy of the modified abstract of judgment to the Department of Corrections and Rehabilitation. (People v. Prieto (Nov. 30, 2012, B233309) [nonpub. opn.].) On January 30, 2019, Prieto filed a petition for resentencing under section 1170.95. After reviewing the People’s opposition to the petition and Prieto’s reply, the trial court issued