People v. Monroy CA4/3

Filed 2/11/21 P. v. Monroy CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058919

v. (Super. Ct. No. 02CF0424)

MARCO ANTONIO MONROY, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos, Lynne G. McGinnis and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In 2005, defendant Marco Antonio Monroy was convicted of eight counts involving several victims and sentenced to a total term of 25 years, 4 months, plus life with the possibility of parole. One of the counts was attempted murder (Pen. Code, §§ 1 664, 187). On direct appeal, we affirmed the judgment. (People v. Monroy (Dec. 14, 2006, G035580) [nonpub. opn.] (Monroy I).) In January 2020, defendant filed a petition for resentencing in superior court pursuant to section 1170.95. The petition incorrectly stated defendant was convicted of either second degree murder or felony murder. The court summarily denied the petition. We conclude that because defendant was not entitled to relief as a matter of law, the order must be affirmed.

I FACTS Because this appeal concerns only an issue of law, we need not review the facts in any detail. A full recitation of the facts can be found in Monroy I. Suffice to say that defendant was one of three men who kidnapped, assaulted, and shot one of the victims, which led to the attempted murder charge relevant here. (Monroy I, supra, G035580.)