People v. Zagala CA2/2

── People v. Zagala CA2/2 ── Court: California Court of Appeal Date: June 03, 2026 Category: General Filed 6/3/26 P. v. Zagala CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B350369 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. XSCA624549) v. MATTHEW CRAIG ZAGALA, Defendant and Appellant. THE COURT: Matthew Craig Zagala appeals the trial court’s denial of his Penal Code section 1172.61 petition for resentencing on the ground he was ineligible for relief as a matter of law. We appointed counsel for Zagala, who filed a brief raising no issues and requesting we apply the review framework established by People v. Delgadillo (2022) 14 Cal.5th 216, 231–232 (Delgadillo). Accordingly, Zagala was notified of his right to file a supplemental brief, which he duly filed. (See ibid.) We are “required to evaluate the specific arguments presented in that brief and to issue a written opinion,” but we need not and do not 1 Undesignated statutory references are to the Penal Code. conduct “an independent review of the entire record to identify unraised issues.” (Id. at p. 232.) We have considered Zagala’s supplemental brief and conclude his arguments have no merit. We affirm. FACTUAL BACKGROUND On November 11, 1982, George Perkins offered a ride to Zagala, who was hitchhiking.2 The pair agreed to stop at Perkins’s apartment. After Perkins made a sexual advance toward Zagala, Zagala killed Perkins by stabbing him with a butcher knife and choking him with a pillowcase. (People v. Zagala, supra, 44719.) PROCEDURAL HISTORY On April 25, 1983, Zagala was convicted by jury of second degree murder (§§ 187, subd. (a), 189, subd. (b)). The jury found true the allegation Zagala had personally used a deadly weapon (a knife) during commission of the crime. (See § 12022, subd. (b).) Zagala was sentenced on May 23, 1983, to an indeterminate term of 16 years to life. Division One of this court affirmed the conviction on November 6, 1984. (People v. Zagala, supra, 44719.) On June 13, 2024, Zagala filed a section 1172.6 petition for resentencing in propria persona and requested appointment of counsel. The trial court appointed counsel to represent him. Counsel filed a brief requesting the court conduct an independent review of the record to determine Zagala’s eligibility for relief. (See People v. Wende (1979) 25 Cal.3d 436, 438; Delgadillo, supra, 14 Cal.5th at pp. 224, 227.) After a hearing on October 31, 2025, the court determined Zagala was statutorily ineligible for resentencing because the jury had not been instructed on any theories of liability implicating 2 This factual summary is provided for context and is drawn from the opinion affirming Zagala’s conviction (People v. Zagala (Nov. 6, 1984, 44719) [nonpub. opn.]). (See Delgadillo, supra, 14 Cal.5th at p. 222, fn. 2.) 2 section 1172.6 relief. (See § 1172.6, subd. (c); People v. Antonelli (2025) 17 Cal.5th 719, 724 (Antonelli).) Zagala timely appealed. (See § 1237, subd. (b); Cal. Rules of Court, rule 8.308(a).) DISCUSSION Section 1172.6, subdivision (a), allows criminals “convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person