People v. Viloria CA4/3

Filed 7/10/24 P. v. Viloria 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062883

v. (Super. Ct. No. C-74856)

JOSEPH VILORIA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Judge Michael A. Leversen. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Joseph Viloria filed a petition for resentencing pursuant to Penal Code section 1172.6.1 The trial court denied the petition at the prima facie hearing. Appointed counsel for Viloria filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and requested this court conduct an independent review of the entire record. Viloria was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under Delgadillo, we have examined the entire record and found no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 1989, after a bench trial, the court found Viloria guilty of robbery (§ 211; count 1) and first degree murder (§ 187; count 2) and found true the felony-murder-robbery special-circumstance allegation (§190.2, subd. (a)(17)(i)). The trial court found “there was a robbery and property was taken from the victim before he died.” The court sentenced Viloria to life without the possibility of parole. On direct appeal to this court, the judgment was affirmed in an unpublished opinion. (People v. Viloria (May 13, 1991, G009259) [nonpub. opn.].) In 2022, Viloria filed a petition for resentencing pursuant to 2 section 1172.6. The court appointed counsel to represent him. The