People v. Soltero CA4/1

Filed 12/21/23 P. v. Soltero CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082016

Plaintiff and Respondent,

v. (Super. Ct. No. SCD119584)

VICTOR DANIEL SOLTERO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed. Victor D. Soltero, in pro. per.; and Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Victor D. Soltero appeals from an order denying his petition to vacate his 1996 first-degree murder conviction and for resentencing under Penal

Code section 1172.6.1 His appointed appellate counsel filed an opening brief

1 Soltero brought his petition under former section 1170.95, which was amended effective January 1, 2022, and then renumbered as section 1172.6 without substantive change on June 30, 2022. (See Stats. 2022, ch. 58, § 10

stating that she had been unable to identify any arguable issues for reversal on appeal. (People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).) After we issued a Delgadillo order notifying Soltero of his right to file a supplemental brief, he did so. We now conclude that Soltero has failed to identify any arguably meritorious issues for appeal. Accordingly, we affirm the order denying his section 1172.6 petition. FACTUAL AND PROCEDURAL BACKGROUND In 1996, Soltero was charged by information with murder (§ 187, subd. (a)) with personal use of a deadly and dangerous weapon (§ 12022, subd. (b)). Soltero was the only defendant charged in the information. In a jury trial, the court did not give any instructions on felony murder, aiding and abetting, or the natural and probable consequences doctrine. The court gave CALJIC Nos. 8.10 and 8.11 on the elements of murder and CALJIC No. 8.20 on deliberate and premeditated murder. The only theory of first-degree murder included in the jury instructions was deliberate and premeditated murder. The jury convicted Soltero of first-degree murder and found that he personally used a deadly weapon in the commission of the crime. The court sentenced him to 25 years to life plus a one-year term for the deadly weapon enhancement. In December 2022, Soltero filed a petition for resentencing under section 1172.6. In their initial response, the People argued that Soltero was ineligible for relief because he was convicted as the actual killer, and the trial court did not give any jury instructions on aiding and abetting, felony