People v. Zaiza CA4/2

Filed 8/21/23 P. v. Zaiza CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E081236

v. (Super.Ct.No. RIF116172)

JOSE ROBERTO ZAIZA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Affirmed.

Jose Roberto Zaiza, in propria persona; and Richard Schwartzberg, under

appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

1

Jose Roberto Zaiza appeals the denial of his Penal Code section 1172.61 petition to

vacate his conviction for attempted murder. After his counsel filed a no-issue brief under

People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), Zaiza filed his own

supplemental brief. We affirm.

BACKGROUND

In 2005, the Riverside County District Attorney charged Zaiza along with a

codefendant with attempted premeditated murder (§§ 664, 187, subd. (a)), torture (§ 205),