People v. Bonilla CA4/1

Filed 4/2/21 P. v. Bonilla CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077958

Plaintiff and Respondent,

v. (Super. Ct. No. SCD152560)

GABRIEL MIGUEL BONILLA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Howard H. Shore, Judge. Affirmed. Steven Schorr, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2001, Gabriel Miguel Bonilla was convicted of first degree murder

(Pen. Code,1 § 187, subd. (a)). Bonilla was sentenced to an indeterminate term of 25 years to life in prison.

1 All further statutory references are to the Penal Code.

Bonilla appealed and this court affirmed his conviction in an unpublished opinion. (People v. Bonilla (Nov. 26, 2002, D037882) [nonpub. opn.].) In 2019, Bonilla filed a petition for resentencing under section 1170.95. The trial court appointed counsel, received briefing from the parties, reviewed the record of conviction, and this court’s prior opinion. After reviewing the materials, the court found Bonilla had not demonstrated a prima facie case for relief under section 1170.95. The court found the record establishes Bonilla was the actual killer or actively participated in the killing of the victim. The court denied Bonilla’s petition. Bonilla filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Bonilla the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS The facts of the offense are set forth in our prior opinion. We will adopt the summary of those facts from appellant’s brief. On April 27, 2000, sheriff deputies found Eric H.’s (Eric) decaying body in a shallow grave in Bonilla’s back yard in Imperial Beach. He had been dead for six to eight months, according to a forensic anthropologist who examined his body. The grave had been covered by a piece of plywood and an engine block. Inside the grave were pockets of hydrochloric acid or muriatic acid. Forensic investigators found bloodstains that matched Eric’s DNA in Bonilla’s garage, which was near the grave.