People v. Soto CA2/4

INTRODUCTION

Appellant Victor Edgar Soto appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Soto filed a supplemental brief. We review the contentions Soto raises in his supplemental brief and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of the crime are in our previous nonpublished opinion, People v. Soto (Mar. 8, 2018, No. B270095). ~(2018 WL 1193004; Collins, Willhite, Manella)~ In 2015, Soto was charged with a murder and an attempted murder committed in 1996. (§§ 187, subd. (a), 664.) Following a jury trial, Soto was convicted of both counts. The jury further found that Soto personally used a firearm in the commission of both offenses (§ 12022.5, subd. (a)), and that the offenses were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(5).) The trial court sentenced Soto to 100 years to life. In January 2024, Soto filed a petition for resentencing under section 1172.6. The trial court found the petition facially sufficient, appointed counsel for Soto, and ordered the People to file a…