People v. Cortez CA4/2

INTRODUCTION

Defendant and appellant Simon Last Cortez appeals the trial court’s denial of his

postjudgment petition for resentencing under Penal Code1 section 1172.6 at the prima

facie stage. We affirm.

PROCEDURAL BACKGROUND

In 2015, defendant was charged by information with murder. (§ 187, subd. (a);

count 1). The information also alleged that he personally used a deadly and dangerous

weapon in the commission of the murder (§ 12022, subd. (b)(1)), he intentionally killed

the victim while lying in wait (§ 190.2, subd. (a)(15)), and he had one prior strike

conviction (§§ 667, subds. (c) & (e)(1) and 1170.12, subd. (c)(1)).

On June 18, 2019, the trial court granted the prosecutor’s oral motion to add

charges for voluntary manslaughter, with a weapon-use allegation (§ 192, subd. (a), count

2; § 12022, subd. (b)(1)), and burglary (§ 459, count 3). Pursuant to a plea agreement,

defendant then pled guilty to counts 2 and 3, admitted the weapon-use allegation attached

to count 2, and admitted the prior strike allegation. The court dismissed count 1 and

sentenced defendant to state prison for 15 years eight months, in accordance with the

terms of the plea agreement.

On…