People v. Coulter CA2/6

Filed 3/4/24 P. v. Coulter CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B332417 (Super. Ct. No. 2006040297) Plaintiff and Respondent, (Ventura County)

v.

JACK HENRY COULTER,

Defendant and Appellant.

Jack Henry Coulter appeals the order of the trial court denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed his own supplemental brief, in propria persona. We affirm.

1 All further statutory references are to the Penal Code.

Procedural Background In 2007, appellant was convicted by guilty plea of the first degree murder of Jose Pirir (§ 187, subd. (a)), two counts of attempted second degree robbery (§§ 644/211), and two counts of assault with a firearm. (§ 245, subd. (a)(2).) At his plea hearing, appellant admitted that he, “committed the crime of murder in violation of . . . section 187, a felony, and that you did willfully and unlawfully with malice aforethought murder Juan Pirir . . . .” He further admitted that, “during the commission of this first degree murder [he] personally and intentionally discharged a firearm, specifically a handgun, within the meaning of . . . section 12022.53(d).” Appellant also admitted that he committed the attempted robberies and the assaults, and that he personally used a firearm in committing each offense. Appellant agreed that the police reports and probation report provided the factual basis for his plea. He was sentenced to the agreed-upon term of 50 years to life. Appellant challenged his guilty plea, contending the trial court erred when it accepted the police reports and probation report as the factual basis for the plea because the probation report had not been prepared at the time of his plea. We affirmed, holding that, “in accepting a guilty plea, a trial court, with the express or implied consent of the defendant, may put the issue of a factual basis for the plea over to the sentencing hearing.” (People v. Coulter (2008) 163 Cal.App.4th 1117, 1119.) In summarizing the procedural history of appellant’s case, we noted, “The probation report states that appellant was arrested after he shot and killed Juan Pirir during an attempted robbery.” (Id. at p. 1120.)