People v. Villa CA5

Filed 3/24/22 P. v. Villa CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F081627 Plaintiff and Respondent, (Kings Super. Ct. No. 96CM7460) v.

JESSE MANUEL VILLA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Valerie R. Chrissakis, Judge. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Meehan, J.

INTRODUCTION In 1997, appellant and defendant Jesse Manuel Villa was convicted after a jury trial of first degree residential burglary (Pen. Code, § 459),1 and the jury found true the prior conviction allegations. He was sentenced to the third strike term of 25 years to life. In 2020, defendant filed a petition for resentencing based on People v. Delgado (2008) 43 Cal.4th 1059 (Delgado) and asserted there was insufficient evidence that his prior convictions for assault with a deadly weapon were serious felonies and strikes. The superior court denied the petition. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND2 Defendant was arrested for committing a residential burglary in April 1996 and taking over $16,000 in cash that was hidden in the resident’s bedroom. The burglary occurred when the resident left the country. The resident loaned cash to defendant on previous occasions. Defendant was seen with large amounts of cash after the burglary, and claimed he discovered the house had been burglarized and picked up the cash scattered around the floor, but there were inconsistencies in his statements. On March 25, 1997, an amended information was filed in the Superior Court of Kings County that charged defendant with count 1, burglary (§ 459); and alleged he had two prior strike convictions and two prior prison term enhancements (§ 667.5, subd. (b)), based on two prior convictions for assault with a deadly weapon (§ 245, subd. (a)(1)),