People v. Garcia CA2/4

Filed 7/19/23 P. v. Garcia CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B324471

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. PA063528)

v.

MELESIO GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Melesio Garcia appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Garcia filed a supplemental brief. We review the contentions Garcia raises in his supplemental brief, and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In 2009, after “stalking and shooting at his estranged wife and her boyfriend,” appellant Melesio Garcia was charged with “two counts of premeditated attempted murder (counts 1 & 2; Pen. Code, §§ 664, 187, subd. (a)),[ ] two counts of assault with a firearm (counts 3 & 4; § 245, subd. (a)(2)), two counts of stalking (counts 5 & 7; § 646.9, subd. (a)), possession of cocaine (count 6; Health & Saf. Code, § 11350, subd. (a)), and unlawful firearm activity (count 8; § 12021, subd. (g)(2)). As to counts 1 and 2, it was further alleged that Garcia personally discharged and used a handgun (§ 12022.53, subds. (b) & (c)). As to counts 3 and 4, it was alleged that Garcia personally used a handgun (§ 12022.5, subd. (a)). . . . [¶] [In December 2009, a] jury found Garcia guilty on all counts as charged, and found the gun-use enhancements to be true. Garcia was sentenced to state prison for two consecutive life terms, plus 44 years and four months.” (People v. Garcia (Oct. 4, 2011, B223214) [nonpub. opn.].)