People v. Sanchez CA2/2

Filed 8/22/23 P. v. Sanchez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B326120

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA372623) v.

ISRAEL JAMMIR SANCHEZ,

Defendant and Appellant.

THE COURT: Defendant and appellant Israel Jammir Sanchez appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.61 (former § 1170.95),2 which allows

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

defendants convicted of attempted murder under the natural and probable consequences doctrine to seek resentencing relief. Defendant’s appointed counsel found no arguable issues and filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Under the standard articulated in Delgadillo, we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments that defendant raises in his letter brief. (Delgadillo, supra, at pp. 231–232.) Finding none of his arguments meritorious, we affirm. FACTS AND PROCEDURAL BACKGROUND I. The Conviction and Sentence A jury convicted defendant of attempted murder, finding true the intentional discharge of a firearm causing great bodily injury and gang allegations. (§§ 664/187, subd. (a), 12022.53, subd. (d), 186.22, subd. (b).) He was sentenced to a term of seven years plus 25 years to life, consisting of the middle term of seven years for attempted murder and an additional 25 years to life for the use of a firearm resulting in great bodily injury. The gang enhancement was stayed. On direct appeal, we held that the trial court erred by failing to either strike or impose the gang enhancement and remanded the matter for the limited purpose of allowing the trial court to impose or strike the additional term set forth in section 186.22, subdivision (b). In all other respects, we affirmed the judgment. (People v. Sanchez (Oct. 15, 2013, B239022) [nonpub. opn.], at pp. 2–3.) II. Petition for Resentencing On September 30, 2018, the Governor signed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Sen. Bill 1437) in order to “amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that