People v. Sotomayor CA2/2

Filed 9/19/23 P. v. Sotomayor CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328192

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA295122) v.

ELIANA SOTOMAYOR,

Defendant and Appellant.

THE COURT: Defendant and appellant Eliana Sotomayor (defendant) appeals from the denial of her petition for vacatur of her murder conviction and for resentencing under former Penal Code section 1170.95, now section 1172.6.1 After examination of the record,

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We will refer to the section by its new numbering only.

All further unattributed code sections are to the Penal Code unless otherwise stated.

defendant’s appointed counsel found no arguable issues and filed a brief requesting we exercise our discretion to conduct an independent review of the record, citing People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Following the standard articulated in Delgadillo, we consider defendant’s supplemental brief and conduct a limited review of the record. (Id. at pp. 230- 232.) Finding no merit to defendant’s appeal, we affirm the judgment. BACKGROUND In 2007, a jury convicted defendant of attempted murder and found true the allegation that the offense was committed willfully, deliberately and with premeditation within the meaning of section 664, subdivision (a).2 Defendant was also convicted of one count of first degree residential burglary and three counts of assault with a deadly weapon against three peace officers. The judgment was affirmed on direct appeal. (People v. Sotomayor, supra, B207064.) After defendant’s conviction, the Legislature passed Senate Bill No. 1437 (2017-2018 Reg. Sess.), amending sections 188 and 189, the laws pertaining to felony murder and murder under the natural and probable consequences doctrine, “to ensure that