People v. Sales CA3

Filed 8/27/21 P. v. Sales CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C092568

Plaintiff and Respondent, (Super. Ct. No.

STKCRFE19950006902)

v.

JON DELACRUZ SALES,

Defendant and Appellant.

Defendant Jon Delacruz Sales appeals from the trial court’s order denying his petition for resentencing under Penal Code1 section 1170.95. Defendant contends the trial court erred when it interpreted the facts in the record of conviction to determine that defendant acted with implied malice and accordingly found defendant failed to establish a prima facie case under the provisions of the statute. Defendant argues the trial court

Further undesignated statutory references are to…