People v. Maldonado CA2/6

DISCUSSION

Maldonado appeals the order denying his third petition under section 1172.6. He contends (1) jury instruction error as to the kidnapping special circumstance allegation, (2) insufficiency of evidence of his intent to kill or reckless indifference to human life, (3) error in denying his motion for new trial based on juror misconduct, (4) jury instruction error as to unanimity on the murder theory, (5) error in removing a deliberating juror, (6)

3 error in denying a Batson/Wheeler3 motion, (7) and cumulative error. The Attorney General contends, and we agree, that none of these contentions relate to the trial court’s ruling on Maldonado’s third section 1172.6 petition. Nor does Maldonado challenge the substantive reasons for the denial of that petition. Where an appellant’s contention on appeal is “wholly unrelated to the denial of [a] section 1172.6 petition for resentencing,” from which the appeal is taken, the contention is “not cognizable.” (People v. Hernandez (2024) 103 Cal.App.5th 1111, 1117.) A resentencing petition is not an opportunity to raise errors made at trial or challenge the original conviction, other than on the grounds allowed by section 1172.6.…