People v. Marquez CA5

Filed 10/15/24 P. v. Marquez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087665 Plaintiff and Respondent, (Super. Ct. No. VCF322617) v.

LAZARUS DANIEL MARQUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. Francine R. Tone, 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 Detjen, Acting P. J., Franson, J. and Meehan, J.

INTRODUCTION In 2017, appellant and defendant Lazarus Daniel Marquez (appellant) was convicted after a jury trial of kidnapping during a carjacking and other offenses, and sentenced to life with the possibility of parole. In 2023, appellant filed a motion for resentencing pursuant to Penal Code1 section 1170.91, which provides for resentencing of petitioners who have served in the United States military and can demonstrate specified harms arising from their service. (§ 1170.91, subd. (b).) The trial court found appellant was ineligible for resentencing and denied the motion. On appeal, appellate counsel filed a brief which summarized the facts and procedural history 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 independently review the record and affirm. FACTS On July 10, 2015, appellant carjacked, kidnapped, robbed, and assaulted a victim with a firearm. Appellant threatened the victim twice in case she tried to contact the police, and took her personal identifying information. PROCEDURAL BACKGROUND On June 2, 2017, appellant was convicted after a jury trial of count 1, kidnapping during a carjacking (§ 209.5, subd. (a)); count 2, assault with a firearm (§ 245, subd. (a)(2)); count 3, carjacking (§ 215, subd. (a)); count 4, kidnapping (§ 207, subd. (a)); count 5, second degree robbery (§ 211); counts 6 and 7, dissuading a witness

1 All further statutory citations are to the Penal Code.