People v. Betancourt CA2/4

Filed 5/31/24 P. v. Betancourt CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

B332071 THE PEOPLE, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA185377)

v.

JOSE M. BETANCOURT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed. Brad J. Poole, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Jose M. Betancourt appeals from an order on his petition for resentencing under Senate Bill No. 483 and Penal Code section 1172.75.1 Betancourt’s appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Betancourt filed a supplemental brief. After reviewing the contentions raised in Betancourt’s brief, we affirm.

BACKGROUND In October 2000, Betancourt was found guilty of first degree murder (§ 187, subd. (a); count 1), first degree burglary (§ 459; count 2), and first degree robbery (§ 211; count 3). The jury also found true the allegations that Betancourt committed murder during the commission of burglary and robbery (§ 190.2, subds. (a)(17)(A), (a)(17)(G)) and personally used a knife during the commission of the murder (§ 12022, subd. (b)(1)). Betancourt admitted he had suffered a prior burglary conviction within the meaning of sections 667.5, subdivision (b), 667, subdivision (a)(1), 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). The court sentenced Betancourt to life imprisonment without the possibility of parole (LWOP) on count 1, plus one year for the personal use enhancement (§ 12022, subd. (b)(1)), and five years for a prior serious felony conviction (§ 667, subd. (a)(1)). The court stayed Betancourt’s prison prior sentence (§ 667.5, subd. (b)) pursuant to section 654. The court suspended execution of sentence on counts 2 and 3.