People v. Lizarraga CA4/3

Filed 10/23/23 P. v. Lizarraga CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062342

v. (Super. Ct. No. 08CF0225)

ROSA ISELA LIZARRAGA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Rosa Isela Lizarraga was convicted of attempted murder. She filed a resentencing petition under Penal Code section 1172.6, which the trial court dismissed.1 On appeal, her appointed counsel filed a no-issue brief, requesting we exercise our discretion to independently review the record for error under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We have exercised our discretion to review the record. Finding no arguable issues, we affirm the court’s postjudgment order.

I FACTS AND PROCEDURAL HISTORY In 2011, a jury found Lizarraga guilty of attempted murder and two counts of aggravated assault for a stabbing that occurred at a laundromat. The jury also found to be true a deadly weapon enhancement and a great bodily injury enhancement. Lizarraga was sentenced to an aggregate term of 14 years to life in prison. Lizarraga filed a resentencing petition under section 1172.6 in August 2022, and was later appointed counsel. The trial court dismissed her petition following a prima facie hearing. It found, “petitioner was not convicted under the natural and probable consequences doctrine, as the jury was never instructed regarding it.” Lizarraga filed a notice of appeal. Her counsel filed a no-issue brief requesting that we independently review the record under Delgadillo. Specifically, her counsel asked us to review whether the court erred by dismissing the petition and whether Lizarraga received ineffective assistance of counsel. In June 2023, this Court issued an order granting Lizarraga 30 days to file a supplemental brief. The order stated her appeal could be dismissed if she failed to do so. Lizarraga did not file anything.