People v. Serrano CA4/1

INTRODUCTION

Jose Angel Serrano appeals from the denial of his postconviction petition seeking resentencing. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and Serrano filed a supplemental brief. We have reviewed the issues raised in Serrano’s supplemental brief and independently reviewed the record. We find no reasonably arguable appellate issues and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Plea, Sentencing, and Initial Appeal In November 2021, the district attorney charged Serrano with sodomy

by use of force (Pen. Code,1 § 286, subd. (c)(2)(A); count 1); two counts of forcible oral copulation (§ 287, subd. (c)(2)(A); counts 2 & 3); oral copulation of an unconscious person (§ 287, subd. (f); count 4); two counts of sexual penetration by use of force (§ 289, subd. (a)(1)(A); counts 5 & 6); sexual penetration of unconscious victim (§ 289, subd. (d); count 7); forcible rape (§ 261, subd. (a)(2); count 8); rape of an unconscious person (§ 261, subd. (a)(4); count 9.) The complaint also alleged that the victim was a minor 14 years and older (§ 286, subd. (c)(2)(C); count 1; § 287, subd. (c)(2)(C); counts 2–4; § 289,…