People v. Guzman CA2/1

Good Law
Court of Appeal of CaliforniaMay 23, 2023B323309California1,821 words

Opinion

Opinion

Weingart, J.

INTRODUCTION

After initially being charged with murder, defendant Gardenia Guzman pleaded no contest to voluntary manslaughter pursuant to a plea agreement. After she was sentenced in accord with her plea agreement, she filed a petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95 2 ). The trial court denied her petition and she now appeals that decision. Her appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), identifying no issues on appeal and requesting that we independently review the record for possible error. Guzman filed a supplemental brief raising four arguments, none of which addresses the merits of her resentencing petition. Instead, her arguments all relate to the length of the sentence imposed pursuant to her plea agreement. The issues raised by Guzman are outside the scope of a section 1172.6 resentencing proceeding, and fail to demonstrate any error in the court’s denial of her petition. Accordingly, we affirm.

BACKGROUND

On January 25, 2019, Guzman stabbed her father to death after the two had an argument in their apartment. On December 2, 2019, the People charged Guzman with murder (§…

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