People v. Gonzales CA4/3

Filed 12/19/23 P. v. Gonzales 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062229

v. Super. Ct. No. 06CF3111

CARLOS ROSARIO GONZALES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * * In 2009, a jury found Carlos Rosario Gonzales guilty of first degree murder and found true firearm allegations. He received a sentence of 75 years to life, plus five years.

In 2022, he filed a petition for resentencing pursuant to Penal Code section 1172.6.1 The trial court denied the petition without an Order to Show Cause, finding Gonzales failed to state a prima facie case for resentencing relief. Gonzales appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), stating no arguable issues could result in a disposition more favorable to Gonzales (id. at p. 232). Gonzales filed a supplemental brief raising numerous issues. As discussed below, we find no reasonably arguable issue on appeal. We therefore affirm. FACTS On October 19, 2009, a jury found Gonzales guilty of first degree murder (§ 187, subd. (a)), and found true the allegations he personally used a firearm during the commission of the murder and he personally and intentionally discharged a firearm proximately causing the death of the victim (§§ 12022.5, subd. (a), 12022.53, subd. (d)). After Gonzales appealed, this court affirmed his murder conviction, but remanded for resentencing. (People v. Gonzales (March 27, 2012, G044503) [nonpub. opn.].) Subsequently, the trial court sentenced Gonzales to an indeterminate term of 75 years to life, plus a consecutive term of five years. On August 2, 2022, Gonzales filed a petition for resentencing. The court appointed counsel on August 19, 2022. The district attorney filed a response, requesting a prima facie hearing and arguing that the petition should be denied at the hearing. Appointed counsel filed a reply, and Gonzales personally filed a supplemental prima facie brief.