People v. Beteta CA1/1

Filed 3/24/22 P. v. Beteta CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A163144

v. JOSE NAPOLEON BETETA, (Alameda County Super. Ct. No. H43032A) Defendant and Appellant.

MEMORANDUM OPINION1

In 2008, defendant Jose Napoleon Beteta was convicted of first degree murder, with a special circumstance that the murder was committed during the course of a robbery.2 He was 25 years old at the time of the offense, and he was sentenced to life without the possibility of parole (LWOP). His conviction has long been final, and it is not at issue in the cause before us. (See People v. Beteta (Apr. 29, 2009, A121059) [nonpub. opn].) What is at issue is whether the trial court correctly determined that Beteta was not…