People v. Gonzalez CA4/3

Filed 8/15/23 P. v. Gonzalez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062068

v. (Super. Ct. No. 18CF0125)

IVAN GONZALEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2019, Ivan Gonzalez was convicted of second-degree implied malice murder, pursuant to People v. Watson (1981) 30 Cal.3d 290, 296–297, in which the California Supreme Court held an intoxicated driver who causes a fatal collision may be convicted of second degree murder based upon implied malice under certain circumstances. In 2022, Gonzalez filed a petition for resentencing pursuant to Penal Code section 1172.6 (section 1172.6). The trial court denied the order, finding Gonzalez failed to make a prima facie case for relief because the record of conviction showed he was the actual killer and was convicted under an implied malice theory, which remains a viable theory of murder under Senate Bill No. 1437. Gonzalez appealed, and his appointed counsel filed a no-issues brief under the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216, 232 (Delgadillo). Subsequently, this court sent a letter advising Gonzalez he had 30 days to file any supplemental brief deemed necessary, or the matter may be dismissed as abandoned. He did not file a supplemental brief. Although Gonzalez did not file a supplemental brief, we exercise our discretion to conduct an independent review of the record and appointed counsel’s brief. As discussed below, we find no reasonably arguable issues on appeal, and the issues suggested by counsel have no merit. We therefore affirm. I FACTS AND PROCEDURAL HISTORY On October 21, 2019, a jury convicted Gonzalez of second-degree murder, driving under the influence of alcohol causing bodily injury, and driving with a blood alcohol level of 0.08% or more. It also found true two prior conviction enhancements and found true the allegation that Gonzalez personally inflicted and caused the victim to suffer great bodily injury (GBI). Gonzalez was sentenced to 22 years to life. This court affirmed the judgment in an unpublished opinion. (People v. Gonzalez (2021) G058949 [unpub. opn.].) In our opinion, we described the underlying facts as follows: “In January 2018, after consuming several alcoholic drinks at a bar,