People v. Urrutia CA4/3

Filed 6/2/22 P. v. Urrutia CA4/3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058118

v. (Super. Ct. No. 02NF0517)

CARLOS RODRIGUEZ URRUTIA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Matthew A. Siroka, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland and Julie L. Garland, Senior Assistant Attorneys General, Alan L. Amann, Daniel Rogers, and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

Carlos Rodriguez Urrutia appeals from the trial court’s postjudgment order denying his petition for resentencing on his conviction for attempted murder (Pen. Code, § 1170.95, all further statutory references are to the Penal Code). Urrutia argues the recently enacted Senate Bill No. 775 (SB 775) requires we reverse the court’s postjudgment order denying his petition and remand the matter. We disagree and affirm the postjudgment order. FACTS A detailed recitation of the facts can be found in our prior nonpublished opinion People v. Catalan et al. (June 15, 2006, G034279) (Catalan). A brief telling will suffice. Michael Ornelas, a self-admitted member of the “Westside La Habra” (Westside) criminal street gang, and his friend were walking on a street in Westside territory when Urrutia drove his van slowly by them and stopped. (Catalan, supra, G034279.) Two men inside the van stared at Ornelas and his friend. Ornelas told his friend to walk ahead of him, and Ornelas stopped to tie his shoe. Urrutia drove down the street. Urrutia’s cousin testified Urrutia drove a short distance to Catalan’s house and picked him up. After Catalan entered the van, A.M. knew Ornelas from high school and said the two men were Westside members. Catalan showed them a handgun. Urrutia turned the van around, drove towards the men, and stopped the van near them. Ornelas told his friend to “watch out” because the two men from the van were coming towards him. As his friend ran ahead, he heard one of the men issue a gang challenge. Catalan shot at Ornelas several times. (Ibid.) Sometime after the incident, officers interviewed Catalan, a self-admitted member of the “Lennox 13” (Lennox) criminal street gang. (Catalan, supra, G034279.) Catalan stated that when Ornelas put his hand in his pocket, he shot Ornelas three times. Officers also interviewed Urrutia, a self-admitted Lennox member. Urrutia claimed