People v. Saechao CA3

Filed 10/6/23 P. v. Saechao CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C097566

Plaintiff and Respondent, (Super. Ct. No. 18FE014155)

v.

LAI FOU SAECHAO,

Defendant and Appellant.

Defendant Lai Gou Saechao appeals from the denial of his postconviction petition 1 seeking resentencing pursuant to what is now Penal Code section 1172.6 (then § 1170.95). Counsel for defendant filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), asking this

1 Undesignated statutory references are to the Penal Code.

1

court to exercise its discretion to review the entire record for arguable issues on appeal. Defendant also filed a supplemental brief in propria persona. We will affirm.

BACKGROUND This appeal turns on the procedural posture of this case, not the facts underlying defendant’s conviction. We briefly summarize the evidence at trial. Because defendant challenges the jury’s factual findings, we “ ‘must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.’ ” (People v. Johnson (1980) 26 Cal.3d 557, 576.) In 2018, defendant’s nephew, David Saechao, entered a marijuana grow house in Sacramento in order to steal marijuana-growing equipment. According to David’s testimony, he initially entered alone, and after seeing the equipment, called defendant to come over to help carry off more equipment. David decided to cut his uncle in on the burglary because he owed him money. At some point, a person inside the house surprised David, pulling him down from behind. The two fought. Defendant joined in the fight. Together, defendant and David severely beat the victim, inflicting injuries to his head, face, neck, chest, and other body parts. The victim died from a combination of blunt force injuries to the head, consistent with being kicked and punched repeatedly, and neck compression, consistent with manual strangulation. Subsequent investigation of the crime scene revealed David’s blood throughout the house, defendant’s blood on the front doorjamb, and blood from both men beneath the victim’s fingernails. When interviewed by police, defendant initially lied to police, saying he had never been to the victim’s house. In 2019, the prosecution charged defendant with first degree murder and alleged defendant committed the murder while engaged in the commission of a burglary. The trial court instructed the jurors that they could only find defendant guilty of felony