People v. Murillo CA4/3

Filed 6/4/24 P. v. Murillo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062561

v. (Super. Ct. No. 99CF2873)

JESUS MURILLO, OPINION

Defendant and Appellant.

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

Defendant Jesus Murillo filed a petition for resentencing pursuant to Penal 1 Code section 1172.6. The trial court denied the petition at the prima facie hearing. Appointed counsel for Murillo filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case. Citing Delgadillo, counsel asked this court to conduct an independent review of the entire record. Murillo submitted a supplemental brief on his own behalf. Exercising our discretion under Delgadillo, we have examined the entire record as well as Murillo’s supplemental brief and find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 2000, Murillo was convicted after jury trial of premeditated and deliberate attempted murder (§§ 664, subd. (a), 187, subd. (a); count 1) and attempted voluntary manslaughter (§§ 192, subd. (a), 664; count 2). The jury found Murillo had caused great bodily injury by personally discharging a firearm during the commission of the attempted murder (§ 12022.53, subd. (d)). In committing the attempted voluntary manslaughter, the jury also found Murillo had personally used a handgun (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7). The trial court sentenced Murillo to a prison term of life with the possibility of parole plus a consecutive term of 25 years to life. On direct appeal to this court, the judgment was affirmed with orders to modify Murillo’s concurrent sentence as to count 2. (People v. Murillo (Oct. 15, 2002, G028301) [nonpub. opn.].)