People v. Maraglino CA4/1

Filed 11/4/22 P. v. Maraglino CA4/1 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077746

Plaintiff and Respondent,

v. (Super. Ct. No. SCN304686)

DOROTHY GRACEMARIE MARAGLINO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, K. Michael Kirkman, Judge. Reversed and remanded with directions. Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland and Charles C. Ragland, Assistant Attorneys General, Eric A. Swenson, Allison V. Acosta, and Junichi P. Semitsu, Deputy Attorneys General, for Plaintiff and Respondent.

Dorothy Gracemarie Maraglino asked us to reverse the superior court’s

denial of her request for resentencing under Penal Code 1 section 1172.6.2 In an unpublished opinion filed June 24, 2021, we affirmed the superior court’s order. The Supreme Court granted review and deferred action pending its decision in People v. Strong (2022) 13 Cal.5th 698 (Strong). After the court issued its opinion in Strong, it transferred this matter to us on October 19, 2022, with directions to vacate our previous opinion and reconsider the cause in light of Strong. (Cal. Rules of Court, rule 8.528(d).) We have followed the court’s directions and now issue a new opinion reversing the order and remanding the matter with directions. On October 24, 2022, Maraglino submitted a supplemental brief (Cal. Rules of Court, rule 8.200(b)(1)), requesting we remand the matter and direct the superior court to issue an order to show cause within the meaning of section 1172.6, subdivision (c). On October 26, 2022, the Attorney General submitted a supplemental brief (Cal. Rules of Court, rule 8.200(b)(1)) agreeing that the matter should be remanded to the superior court for further proceedings. We agree with the parties, and we vacate our previous decision and remand the matter for further proceedings. DISCUSSION In October 2015, a jury convicted Maraglino of first degree murder (§ 187, subd. (a)), kidnapping (§ 207, subd. (a)), torture (§ 206), and attempted sexual battery by restraint (§§ 243.4, subd. (a) & 664) following the death of