People v. Uriostegui CA5

INTRODUCTION

In 2010, appellant and defendant Daniel Uriostegui (defendant) was convicted of premeditated attempted murder and sentenced to the second strike term of 30 years to life. In 2023, the trial court denied defendant’s Penal Code1 section 1172.6 petition and found he failed to make a prima facie case for resentencing. On appeal, appellate counsel filed a brief which summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Defendant submitted a supplemental brief. We address his contentions and affirm the trial court’s denial of his petition.

FACTS2

“Around 4:30 a.m. on June 19, 2009, [Merced Police Officer] Walker was off duty and following his normal routine of driving to the gym in his truck. He used his regular route and drove on Park Avenue in Merced. His driver’s door window was rolled down. It was still dark, and the truck’s headlights were on.

All further statutory citations are to the Penal Code. After notice to the parties, and without objection, this court takes judicial notice of the record from…