People v. Sessions CA4/3

Filed 1/10/24 P. v. Sessions 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062298

v. (Super. Ct. No. 19CF0185)

GE’ONTE RAY CHARLES SESSIONS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Larry Yellin, Judge. Affirmed. Appellant Defenders and Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Ge’Onte Ray Charles Sessions 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. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). This court gave Sessions 30 days to file a supplemental brief on his own behalf. 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 Sessions. (Delgadillo, at p. 232.) We thus affirm the postjudgment order. FACTS On January 17, 2019, a complaint charged Sessions with murder (§ 187, subd. (a); count 1) and evasion while driving recklessly and causing serious bodily (Veh. Code, § 2800.3, subd. (a); count 2). On July 15, 2021, Sessions pleaded guilty to second degree murder. As the factual basis for his plea, he declared: “In Orange County, California, on September 11, 2018, I unlawfully and with malice aforethought killed Luis Arreguin, a human being.” On the People’s motion, the trial court dismissed count 2. The court imposed a prison sentence of 15 years to life. In August 2022, Sessions filed a petition for resentencing under section 1172.6 and counsel was appointed for him. The People filed a response to the petition, arguing it should be denied. Sessions filed a brief in support of the petition. At the prima facie hearing, the trial court denied the petition, finding him statutorily ineligible for relief and noting he “admitted personally killing the victim with express or implied malice.”