People v. Coreas CA2/1

Filed 7/14/23 P. v. Coreas CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B324237

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA044382) v.

GERMAN COREAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Stanley Dale Radtke, under appointment by the Court of Appeal; German Coreas, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

German Coreas appeals from an order denying his petition for resentencing under Penal Code section 1172.6 (former section 1170.95).1 His appointed appellate counsel filed a brief raising no issues and asking this court to review the record independently to determine whether there are any arguable issues pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Coreas filed a supplemental brief in which he argues, contrary to the record, that the jury that convicted him of murder was instructed on both felony murder and natural and probable consequences theories. We affirm the order. BACKGROUND I. Charges, Trial and Direct Appeal We take the following facts from the direct case appeal (People v. Torres (Jan. 31, 2007, B183252) [nonpub. opn.]) to establish context only. On November 11, 2002, German Coreas drove with Antonio Torres, both gang members, in pursuit of Ruben Rizo. Coreas stopped the car near Rizo and Torres shot and killed him. On January 27, 2003, Coreas, Torres and another man shot Jose Tlamasico several times then fled the scene in a car driven by a fourth man. Tlamasico survived. On February 14, 2003, Coreas, Torres and two others were in a car from which several shots were fired at Gustavo Chavez, killing him. Later that day, Coreas was in a car from which a fellow gang member emerged and shot Gino Ayala, who survived. At trial, the prosecution’s theory was that Coreas was sometimes a shooter and sometimes directly aided and abetted