People v. Melara CA2/1

California Court of Appeal Jul 17, 2024 No. B330582Unpublished

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Holding. The court affirmed the trial court's resentencing order after finding no arguable issues on appeal following an independent review of the record pursuant to People v. Wende.

Issues

Whether appellate counsel's Wende brief was deficient for omitting the facts of the underlying offense.
Whether the trial court erred in its post-remand sentencing proceedings and Marsden hearing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have reviewed the record, including the record of the post-remand Marsden hearing and the court’s rulings correcting the calculation of custody credits and modifying the victim restitution order. We find no arguable issues on appeal.”

“The underlying facts of Melara’s crime were thus irrelevant to the trial court after remand and are unnecessary for our review.”

Filed 7/17/24 P. v. Melara CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B330582

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA427561) v.

OSKAR MELARA,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County, David V. Herriford, Judge. Affirmed. Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

________________________________

Defendant Oskar Melara appeals from an order resentencing him after remand from this court. His appellate counsel found no arguable issues to raise on appeal and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.

FACTUAL AND PROCEDURAL SUMMARY In 2017, a jury convicted Melara of second degree murder (Pen. Code, § 187),1 and found true allegations that he committed the murder for the benefit of a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(4)), and that a principal personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)). The court sentenced him to 15 years to life for the murder conviction plus 25 years to life for the firearm enhancement. The court also imposed a restitution fine and certain statutory assessments (§§ 1202.4, subd. (b), 1465.8, subd. (a)(1); Gov. Code, § 70373), and ordered Melara to pay $12,420.50 in victim restitution (§ 1202.4, subd. (f)). We affirmed the trial court’s judgment in an unpublished opinion. (People v. Melara (Feb. 5, 2020, B289019) (Melara I), review granted Apr. 29, 2020, S261087.) The Supreme Court granted review and later transferred the cause to this court with directions to vacate our decision and reconsider the matter in light of People v. Tirado (2022) 12 Cal.5th 688 (Tirado), which held that trial courts have discretion to impose a lesser

People v. Melara CA2/1

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B330582

OSKAR MELARA,

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