People v. Quezada CA3

Filed 7/19/23 P. v. Quezada CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C097156

Plaintiff and Respondent, (Super. Ct. No. CR2012605)

v.

GERMAN YOVANI QUEZADA,

Defendant and Appellant.

Defendant German Yovani Quezada appeals the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1/2 Appointed counsel for defendant asks this court to conduct an independent review of the record to determine whether there

1 Undesignated statutory references are to the Penal Code. 2 Defendant filed this petition under former Penal Code section 1170.95. The Legislature amended Penal Code section 1170.95 effective January 1, 2022, under Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551). Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) Although defendant filed his petition under former section 1170.95, we will refer to section 1172.6 for consistency.

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are any arguable issues on appeal, and defendant has filed a supplemental brief. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216.) We have considered defendant’s supplemental brief, and we affirm the trial court’s order. BACKGROUND In 2012, a jury found defendant guilty of conspiracy to commit attempted murder (§ 182, subd. (a)(1)), attempted murder (§§ 187, 664), shooting at an inhabited dwelling (§ 246), and criminal street gang activity (§ 186.22, subd. (a)). The jury also found true allegations the attempted murder was committed with premeditation and deliberation (§§ 187, subd. (a), 189, 664); the conspiracy, attempted murder, and shooting at an inhabited dwelling offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)); a principal personally discharged a firearm (§ 12022.53, subd. (e)(1)) as to the attempted murder count; defendant personally and intentionally discharged a firearm (§ 12022.5, subd. (a)) as to the conspiracy and criminal gang activity counts; and defendant carried a firearm during the commission of a gang-related crime (former § 12021.5, subd. (a)) as to all counts. In January 2022, defendant filed a section 1172.6 petition for resentencing. In the petition, defendant alleged he was convicted of attempted murder under the natural and probable consequences doctrine and could not be so convicted today. The trial court appointed counsel and received briefing from the parties. The trial court later granted a Faretta3 motion and allowed defendant to represent himself. While the petition was pending, defendant filed a motion to dismiss his firearm enhancements under amendments made to sections 12022.5 and 12022.53, which now allow the dismissal of such enhancements at the time of resentencing. At the hearing on the petition, the trial court noted a successful petition under section 1172.6 was a prerequisite to the firearm enhancement motion because the