People v. Moran CA5

Filed 8/23/24 P. v. Moran CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087439 Plaintiff and Respondent, (Super. Ct. No. VCF274709A) v.

VICTOR MORAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Smith, J.

INTRODUCTION Appellant and defendant Victor Moran (appellant) pleaded no contest to voluntary manslaughter and admitted firearm and gang enhancements, and was sentenced to the stipulated term of 31 years. He later filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The People offered to reduce appellant’s aggregate sentence in exchange for the dismissal of the petition with prejudice. Appellant accepted, and he was resentenced to an aggregate term of 19 years. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. FACTS On July 25, 2013, an information was filed in the Superior Court of Tulare County charging appellant with committing the following offenses on or about October 20, 2012: count 1, murder of A.C. (§ 187, subd. (a)), with the gang special circumstance (§ 190.2, subd. (a)(22)), personally and intentionally discharging a firearm causing death (§ 12022.53, subds. (d) & (e)(1)), personally discharging a firearm (§ 12022.53, subds. (c) & (e)(1)), and gang enhancements (§ 186.22, subds. (b)(4), (b)(1)(C)); and count 2, manufacturing a short-barreled shotgun (§ 33215), with a gang enhancement (§ 186.22, subd. (b)(1)(a)). Plea and Sentence On September 23, 2014, appellant pleaded no contest to amended count 1, voluntary manslaughter (§ 192, subd. (a)), and admitted the personal use of a firearm (§ 12022.5 subd. (a)), and the gang enhancement (§ 186.22, subd. (b)(1)(C)), for a