People v. Maldonado CA2/6

Filed 9/23/21 P. v. Maldonado CA2/6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B306808 (Super. Ct. No. 1434089) Plaintiff and Respondent, (Santa Barbara County)

v. OPINION FOLLOWING TRANSFER FROM RAMON DAVID SUPREME COURT MALDONADO,

Defendant and Appellant.

Ramon David Maldonado appeals from the trial court’s postjudgment order denying his petition for resentencing. (Pen. Code,1 § 1170.95.) He contends the court erred when it summarily denied his petition without appointing counsel. We affirm. FACTUAL AND PROCEDURAL HISTORY In May 2015, a jury convicted Maldonado and four codefendants of first degree murder (§§ 187, subd. (a), 189, subd.

1 Statutory references are to the Penal Code.

1

(a)), and found true a special circumstance allegation that they committed murder during the commission of a kidnapping (§ 190.2, subd. (a)(17)(B)). (People v. Gonzales (Aug. 7, 2018, B264384) 2018 WL 3737940 at p. [1] (Gonzales) [nonpub. opn.].) As to Maldonado only, the jury also found true a special circumstance allegation that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). (Gonzales, at p. [1]