People v. Robleto CA3

Filed 10/9/23 P. v. Robleto CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Colusa) ----

THE PEOPLE, C097000

Plaintiff and Respondent, (Super. Ct. No. CR59083)

v.

DANIEL A. ROBLETO,

Defendant and Appellant.

In October 2017, defendant Daniel A. Robleto entered an open plea of no contest to second degree murder and was sentenced to 15 years to life in state prison. The factual basis for the plea included the “evidentiary stipulation” that defendant “did personally commit an act of strangulation upon Lisa Marie Madrid, a human being, and by committing the said act of strangulation did unlawfully and with malice aforethought murder” her. That written stipulation--verbally confirmed by counsel for the People as well as defense counsel at the change of plea hearing--was read out loud as

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the factual basis, in defendant’s presence, at the hearing, and immediately after its reading defendant entered his no contest plea. In May 2022, defendant filed a petition for resentencing under former Penal Code section 1170.95, now section 1172.6.1 The trial court denied the petition in August 2022, reasoning defendant was the actual killer based on the stipulated factual basis for his plea. Defendant raises several claims on appeal from the trial court’s order, each of which we address in detail and reject, post. We affirm the order. FACTUAL AND PROCEDURAL BACKGROUND Defendant’s plea and sentencing In 2017, defendant was charged with a single count of murder. The first amended complaint alleged defendant “unlawfully and with malice aforethought, murder[ed], [the victim]” in violation of section 187, subdivision (a). Defendant pleaded no contest to the charge of second degree murder, and counsel for both parties stipulated to the following factual basis for the plea: “[I]f the People were called upon to do so, the People would produce evidence both physical and testimonial, including the testimony of a [forensic pathologist] that on or about June 29, 2017, including the prior evening, [defendant] did personally commit the act of strangulation on [the victim]; by committing the act of strangulation, did unlawfully and with malice aforethough[t], murder [the victim] with asphyxiation. [Defendant] did leave [the victim’s] body on [a local road].” (Italics added.) This stipulation was filed as an exhibit to the plea agreement. Further, defendant initialed the relevant box (item no. 15) on his plea form wherein he agreed to