People v. Maldonado CA2/8

Filed 7/9/21 P. v. Maldonado CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B305685

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A593783) v.

RUBEN DINO MALDONADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Dorothy L. Shubin, Judge. Affirmed. Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda V. Lopez and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Ruben Dino Maldonado appeals from the denial of his petition for resentencing pursuant to Penal Code section 1170.95. We affirm. Defendant was charged with five felonies arising from a series of crimes committed with three codefendants against multiple victims on the night of October 27, 1988: one count of murder (Pen. Code, § 187, subd. (a)), one count of assault (§ 245, subd. (a)(1)), two counts of robbery (§ 211), and one count of attempted robbery (§ 211, § 664). A robbery-murder special circumstance allegation was also alleged (§ 190.2, subd. (a)(17)). In December 1989, defendant pled guilty to one count of second degree murder and one count of robbery. The remaining counts and special allegation were dismissed as part of the plea agreement. Defendant was sentenced to 15 years to life in prison for the murder with a three-year concurrent term for the robbery and credited with 776 days of presentence custody credits. In 2018, Senate Bill 1437 (2017–2018 Reg. Sess.) was passed. Penal Code section 1170.95 was enacted as part of the legislative changes effected by Senate Bill 1437 and became effective January 1, 2019. (Stats. 2018, ch. 1015, § 4.) In early 2019, defendant filed in propria persona a form petition for resentencing pursuant to Penal Code section 1170.95. The court appointed counsel for defendant. Defendant subsequently substituted in privately retained counsel. The court issued an order to show cause. The prosecution filed an opposition, defendant filed a reply, and the parties filed supplemental briefing. An evidentiary hearing pursuant to Penal Code section 1170.95, subdivision (d)(3) was held March 9, 2020. Defendant was present, represented by counsel, and the