People v. DeLaCruz CA4/2

Filed 3/25/21 P. v. DeLaCruz CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent, E076114

v. (Super.Ct.No. OCR11191)

IGNACIO DELACRUZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Kyle S. Brodie,

Judge. Appeal dismissed.

Michaela Dalton, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Ignacio Frank DeLaCruz moved to dismiss a prior plea bargain on the basis of

Penal Code section 1016.8. The plea bargain at issue was entered in 1987, and the

judgment based on it has long been final. The trial court correctly determined that it

consequently lacked jurisdiction to grant DeLaCruz’s motion, so the court denied it. (See

In re Candelario (1970) 3 Cal.3d 702, 705 [trial court generally lacks jurisdiction to

1

correct judicial errors in a final judgment].) DeLaCruz appeals from the order denying

his motion.