People v. Covarrubias CA4/3

Filed 2/13/24 P. v. Covarrubias 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062480

v. (Super. Ct. No. 12NF1746)

JUAN CARLOS COVARRUBIAS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Juan Carlos Covarrubias 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 Covarrubias 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. (Delgadillo, at p. 232.) We conclude that although the trial court erred by failing to appoint counsel for Covarrubias before denying his petition, the error was harmless. We thus affirm the postjudgment order.

FACTS In 2015, a jury convicted Covarrubias of street terrorism (§ 186.22, subd. (a)) and shooting at an occupied motor vehicle (§ 246), and found gang allegations on the latter charge to be true (§§ 12022.53, subds. (c), (e)(1), 186.22, subd. (b)). The jury acquitted him of conspiracy to commit murder. In 2023, Covarrubias filed and served a form petition for resentencing and asked the trial court to appoint counsel to represent him. Without appointing counsel or holding a prima facie hearing, the court summarily denied the petition on the ground he was ineligible for resentencing.