P. v. Delrio CA4/3
Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Alan L. Amann and Stephanie A. Mitchell, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Jose Carlos Delrio contends the trial court erred in denying his petition for resentencing without appointing him counsel. Although the court was remiss for not affording appellant an attorney, the error was harmless because the record of conviction shows appellant is ineligible for resentencing as a matter of law. We therefore affirm the court’s order.
FACTUAL AND PROCEDURAL BACKGROUND
In 2005, appellant and Alberto Barba confronted rival gang member Francisco Hernandez at a bus stop in Garden Grove. During the confrontation, appellant pulled out a gun and fire
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