People v. Ortega CA3

BACKGROUND

During a fight with the victim and another, defendant shot and killed the victim. (People v. Ortega (Apr. 10, 2012, C065027 [nonpub. opn.].)2 In April 2012, we affirmed the judgment on appeal. (Ortega, supra, C065027.) That judgment became final later in 2012, after the denial of defendant’s petition for review to the Supreme Court. Since that

Further undesignated statutory references are to the Penal Code. On our own motion, we take judicial notice of our opinion affirming the judgment of conviction and sentence on direct appeal. (Evid. Code, §§ 459, subd. (a) [“The reviewing court may take judicial notice of any matter specified in Section 452”], 452, subd. (d) [permitting a court to take judicial notice of records of “any court of this state”].) We also take judicial notice of the numerous appeals filed by defendant in his case: People v. Ortega, case No. C091229 [motion to modify or strike restitution fine; dismissed as nonappealable order]; People v. Ortega, case No. C092671 [motion for resentencing under § 1170.95; dismissed as abandoned, review granted May 12, 2021, pending People v. Delgadillo, S266305]; People v. Ortega, case No. C093824 [motion to…