People v. Torricellas CA4/1

Filed 5/10/22 P. v. Torricellas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D079747

Plaintiff and Respondent,

v. (Super. Ct. No. CR72156)

THERESA TORRICELLAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Howard H. Shore, Judge. Affirmed. Theresa Torricellas, in pro. per; and Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In 1985, Appellant pleaded guilty to second degree murder (Pen. Code,1 § 187, subd. (a)) and admitted the use of a gun (§ 12022, subd. (a)). Appellant was sentenced to an indeterminate term of 16 years to life in prison.

1 All further statutory references are to the Penal Code.

In 2019, Appellant filed a petition for resentencing pursuant to section 1170.95. After the appointment of counsel, the petition was summarily denied. Appellant appealed the denial of her petition, and this court affirmed the order in an unpublished opinion, People v. Torricellas,

D077815 (June 25, 2021).2 Appellant’s petition for review was denied by the California Supreme Court on September 15, 2021 (S270274). In October 2021, Appellant filed a second petition for resentencing under section 1170.95. In November 2021, the trial court denied the second petition on the grounds the petition was repetitive, and the earlier denial had been upheld on appeal. Appellant filed a timely notice of appeal from the denial of the second petition. 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 Appellant the opportunity to file her own brief on appeal. Appellant has responded with a lengthy submission (61 pages of brief and 47 pages of exhibits). We will