P. v. Ortega CA3
During a fight with the victim and another, defendant shot and killed the victim. (People v. Ortega (Apr. 10, 2012, C065027 [nonpub. opn.].) 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 time, defendant has filed six appeals and one petition for habeas corpus purporting to challenge various aspects of the judgment in this case.
Of those, one is relevant here. In case No. C092671, defendant appealed the trial court’s September 1, 2020, denial of his petition seeking to be resentenced pursuant to section 1170.95. After his counsel filed a Wende brief, this court dismissed that case as abandoned. Defendant filed a petition for review in the Supreme Court, which was granted on May 12, 2021.
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