Rodriguez

Filed 7/1/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B328179 (Super. Ct. No. 16F-01984 Plaintiff and Respondent, (San Luis Obispo County)

v.

RICHARD ANTHONY

RODRIGUEZ,

Defendant and Appellant.

In 2016, Richard Anthony Rodriguez pleaded guilty to attempted murder (Pen. Code, §§ 664, 187, subd., (a) 1) and admitted a prior strike for assault with a deadly weapon with great bodily injury (§ 245, subd. (a)(1)). In 2021, he petitioned for resentencing (§ 1172.6 2). His petition was denied after an evidentiary hearing.

1 Further statutory references are to the Penal Code.

2 Section 1170.95 was recast as section 1172.6 without

substantive changes. (People v. Delgadillo (2022) 14 Cal.5th 216, 223, fn. 3.) Appellant contends the trial court: (1) failed to act as an independent fact finder, (2) applied the wrong burden of proof, and (3) these prejudicial errors violated his federal constitutional due process rights. He asserts if the trial court had properly weighed the evidence and held the prosecution to the correct standard of proof there is…