People v. Sanchez CA4/1

Filed 2/23/24 P. v. Sanchez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083028

Plaintiff and Respondent,

v. (Super. Ct. No. RIF1600163)

VICTOR LOPEZ SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. Jeanine Grimmond Strong for Defendant and Appellant. No appearance for Plaintiff and Respondent. Victor Lopez Sanchez appeals from an order denying his petition for

resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Sanchez filed a supplemental brief. We grant counsel’s request to take judicial notice of our decision in appeal No. D073727 and the jury

1 All further statutory references are to the Penal Code unless indicated otherwise.

instructions and the verdict forms from Sanchez’s record of conviction. (Evid. Code, §§ 452, subd. (c), 459.) Based on our independent review of the record, we find no reasonably arguable appellate issues and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2016, a jury found Sanchez guilty of inflicting corporal injury upon a spouse (§ 273.5, subd. (a); counts 1 & 2); assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 3); attempted voluntary manslaughter, as a lesser included offense of attempted murder (§§ 192, subd. (a), 664; count 4); assault with a firearm (§ 245, subd. (a)(2); count 5); discharging a firearm at an occupied vehicle (§ 246; count 6); using force or threat of force to dissuade a witness from reporting a suspected crime to law enforcement (§ 136.1, subds. (b) & (c); counts 7 & 9); making criminal threats (§ 422; counts 8 & 10); discharging a firearm at an inhabited dwelling (§ 246; count 11); intentionally and knowingly violating a court-issued domestic violence protective order (§ 273.6, subd. (a); count 12); possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 13); and possessing controlled substance paraphernalia (Health & Saf. Code, § 11364; count 14). As to counts 1 and 2, the jury found true allegations Sanchez personally inflicted great bodily injury (§§ 1192.7, subd. (c)(8), 12022.7, subd. (e)). As to counts 4, 6, and 11, the jury found true allegations he personally used a firearm (§§ 1192.7, subd. (c)(8); 12022.53, subd. (c).) Sanchez separately admitted allegations he had two prior convictions, which qualified as both prior serious felony convictions and prior strike convictions (§§ 667, subds. (a), (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A).) He also admitted he was released on bail when he committed the offense of discharging a firearm at an inhabited dwelling (§ 12022.1).