People v. Chacon CA4/3

Filed 12/12/23 P. v. Chacon 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062142

v. (Super. Ct. No. 13NF1721)

RUBEN CHACON, SR., OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Scott Steiner, Judge. Affirmed. So’Hum Law Center of Richard Jay Moller and Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Ruben Chacon, Sr., challenges the summary denial of his petition for resentencing under Penal Code section 1172.6.1 His court-appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, 221–222. This court notified Chacon that he had 30 days to file any supplemental brief deemed necessary, or the matter may be dismissed as abandoned. (Ibid.) None was filed. In the interests of justice, we have examined the record on appeal and find no arguable error that could result in a disposition more favorable to Chacon. (Id. at p. 232.) We thus affirm the postjudgment order. FACTS In 2017, an information charged Chacon and Jonathan Galvan with two counts of murder (§ 187, subd. (a)) and various enhancements. In March 2022, the People amended the information by interlineation, adding two counts of voluntary manslaughter with gun enhancements (§§ 192, subd. (a); 12022.5, subd. (a)) and dismissing both murder counts and their enhancements. That same day, Chacon pleaded guilty to the two counts of voluntary manslaughter with gun enhancements. The Tahl2 form he signed under penalty of perjury stated the factual basis for his plea: “In Orange County California, on Jan. 26, 2012, I willfully and unlawfully shot and killed Nick Barresch, a human being. I also aided and abetted the killing of Phillip Renig, a human being. I committed both offenses with the intent to kill, but without malice aforethought. I personally used a firearm in the commission of both offenses.” The trial court imposed a total prison sentence of 30 years and 4 months.