People v. Arias CA2/8

Filed 11/13/23 P. v. Arias CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B325663

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA100834-01) v.

TOMAS ARIAS, Jr.

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Rogelio Delgado, Judge. Affirmed.

Janyce Keiko Imata Blair, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review this appeal of an order denying a petition for resentencing brought under Penal Code section 1172.6. We affirm. BACKGROUND On October 23, 2013, the People filed an information charging appellant Tomas Arias, Jr., with one count of murder in violation of Penal Code section 187, subdivision (a) and two counts of possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1).1 A jury convicted Arias of second degree murder and both counts of possession of a firearm by a felon and it found true gang and prior conviction enhancements, including that Arias personally and intentionally discharged a firearm causing death. (§ 12022.53, subd. (d).) The trial court sentenced Arias to an aggregate term of 40 years to life plus five years. This court affirmed the judgment of conviction. (People v. Arias (Mar. 15, 2017, B269691) [nonpub. opn.].) The facts are brief for purposes of the resentencing petition and we set them out for context only. On the evening of December 9, 2012, Arias approached two males walking on a street in Pomona, California. Arias stated “Puente” and then shot and killed one of the men. (People v. Arias, supra, B269691.) On December 27, 2021, Arias filed a petition for resentencing under former section 1170.95. now recodified as section 1172.6. (Stats. 2022, ch. 58, § 10.) The trial court appointed counsel, ordered and considered briefing, and held a hearing to determine if Arias had established a prima facie case