People v. Gondeck CA4/2

INTRODUCTION

Defendant and appellant Brandon Gondeck appeals from a postjudgment order

denying his petition for resentencing under former Penal Code1 section 1170.

(renumbered section 1172.6 by Stats. 2022, ch. 58, effective June 30, 2022)2 His

appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216

(Delgadillo), and defendant filed a supplemental brief. We have reviewed the

contentions defendant raised in his supplemental brief and affirm the order.

PROCEDURAL BACKGROUND

On July 11, 2018, defendant and his codefendants were charged by information

with murder (§ 187, subd. (a), count 1), and street terrorism (§ 186.22, subd. (a), count 2).

It was further alleged that count 1 was committed for the benefit of a criminal street gang

(§ 186.22, subd. (b)(1)(C)), and that a principal personally used a firearm, which

proximately cause great bodily injury and death (§ 12022.53, subds. (d) & (e)(1)). It was

alleged that defendant was 16 years or older at the time of the offenses.

On February 14, 2020, defendant entered a plea agreement and pled guilty to

second degree murder in count 1, in exchange for the dismissal of the remaining count

and…