People v. Prasad CA3

Filed 9/13/23 P. v. Prasad CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C097149

Plaintiff and Respondent, (Super. Ct. No. 01F01700)

v.

REGINAL PRASAD,

Defendant and Appellant.

Defendant Reginal Prasad appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170, subdivision (d).1 Counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) or People v. Wende (1979) 25 Cal.3d 436 and requested that we exercise our discretion to review the entire record for arguable issues on appeal. Defendant filed a supplemental brief raising multiple arguments. Most notably, defendant claims he or his attorney were entitled to be present for the hearing at which the trial court determined he was not eligible for resentencing. He also raises multiple challenges to his underlying conviction, which are not cognizable in this appeal. We shall affirm.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) The amended information charged defendant with robbery and four counts of rape in concert. (§§ 211, 264.1.) The information further alleged defendant kidnapped the victim for purposes of rape and was armed with a firearm. (§§ 667.61, subds. (d)(2), (e)(1), 12022, subd. (a)(1), 12022.3.) According to the presentence report, defendant and another man picked up the victim while she was walking down a street in Sacramento. When the victim realized the men were not taking her where she wanted to go, she asked to be let out of the car. The men told her to be quiet, and that they had a gun. The men picked up a third man, and a fourth man followed them in another car. The men drove onto a dirt road in a rural area, ripped off the victim’s clothes, and raped her. They put her back in the car and drove away. At one point they stopped and pushed her out of the car, and she was able to get help. The jury found defendant guilty on all counts. It also found true the allegations that defendant kidnapped the victim within the meaning of section 667.61, subdivisions (d)(2) and (e)(1) for each of the rape in concert counts. The trial court sentenced defendant to the middle term of three years on the robbery count, an indeterminate term of 25 years to life on the first rape in concert count, plus one-third the middle term (seven years) for each of the remaining three rape counts. This judgment became final in 2008.2 (Cal. Rules of Court, rules 8.366 & 8.532.)