People v. Castillo CA4/1

Filed 2/2/22 P. v. Castillo CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D078680

Plaintiff and Respondent,

v. (Super. Ct. No. CR134015)

RUDOLPHO CASTILLO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Frederic L. Link, Judge. Reversed and remanded with directions. Appellant’s request for judicial notice is denied. Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Melissa Mandel, Acting Assistant Attorney General, Arlene A. Sevidal and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.

In 1993, a jury convicted Rudolpho Castillo of first degree murder (Pen.

Code,1 § 187, subd. (a)) with the use of a firearm (§ 12022, subd. (a)) and assault with a firearm with the personal use of a firearm (§ 12022.5, subd. (a)). Castillo admitted a serious felony prior conviction. Castillo was sentenced to an indeterminate term of 31 years to life in prison. Castillo appealed and this court affirmed the judgment in an unpublished opinion, People v. Castillo, D018563 (Feb. 9, 1994). In 2019, Castillo filed a petition for resentencing under section 1170.95. The court appointed counsel, received briefing, and ultimately held a hearing. After reviewing the record and the evidence from the original trial, the court determined Castillo was convicted as a direct aider and abettor who acted with reckless disregard for human life. The court said: “In looking at the evidence here, it is clear to this Court that this defendant was a major participant in the underlying felony, and he acted with reckless disregard, in going over the evidence of the case and from the facts from the Court of Appeal[ ].