People v. Rosas CA4/3

Filed 10/24/24 P. v. Rosas CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062933

v. (Super. Ct. No. C-93787)

JAIME SALAZAR ROSAS, OPINION

Defendant and Appellant.

Appeal from postjudgment orders of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Jaime Salazar Rosas filed a petition for resentencing under former Penal Code section 1170.95 (now codified as § 1172.6)1 on his murder and attempted murder convictions. The trial court denied the petition as to the attempted murder conviction at the prima facie stage and denied the petition as to the murder conviction following an evidentiary hearing. We appointed counsel to represent Rosas on appeal. Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, appointed counsel filed a brief setting forth the facts of the case and, without arguing against his client, stated he was not able to identify any arguable issues on appeal and asked us to conduct an independent review of the entire record. Rosas was given notice and an opportunity to file a supplemental brief but did not do so within the time provided.

Under People v. Delgadillo, supra, 14 Cal.5th at pages 231 to 232, the Court of Appeal may conduct an independent review of the record in the exercise of its discretion, and we elect to do so. After fully examining counsel’s brief and the entire record, we find no reasonably arguable issue on appeal and affirm. FACTS On October 15, 1991, C.J. (the victim of the attempted murder) was walking home with two friends when they met Rosas and another man. The other man began to beat C.J. while Rosas stood by, pointing a revolver at C.J. Rosas told C.J. that if C.J. tried to avoid being hit, Rosas would shoot him. Rosas then asked C.J. for money. C.J. and one of his friends gave