People v. Lopez CA4/3

Filed 11/25/24 P. v. Lopez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062615

v. (Super. Ct. No. 12NF0846)

JAVIER LOPEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lance P. Jensen, Judge. Affirmed. Matthew A. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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On February 15, 2022, Javier Lopez filed a petition seeking to vacate his murder conviction under former Penal Code section 1170.95 (now 1 Pen. Code, § 1172.6). In 2023, after presiding over an evidentiary hearing, the trial court denied the petition. In this appeal, appointed appellate counsel filed a brief raising no arguable issues. (See People v. Delgadillo (2022) 14 Cal.5th 216, 230 (Delgadillo); People v. Wende (1979) 25 Cal.3d 436 (Wende).) Lopez was offered the opportunity to submit a supplemental brief, and did not do so. In the interests of justice, this court has independently reviewed the record and found no arguable issues. (See Delgadillo, supra, 14 Cal.5th at p. 230 [“if the appellate court wishes, it may also exercise its discretion to conduct its own independent review of the record in the interest of justice”].) As a result, we affirm the trial court’s denial of Lopez’s petition. STATEMENT OF FACTS2 On the evening of March 16, 2012, Juan Morales and his friend Angel Bravo Gonzalez were celebrating Morales’ birthday at Gonzalez’s apartment in Anaheim near the corner of Juno and Roberts Avenues. Around 1:00 a.m. (by this point, on March 17, 2012), Morales asked Gonzalez for a ride home. Morales had been drinking, but according to Gonzalez, he was in a happy mood and was still able to walk and function normally. Morales went outside first, and began hitting a tree in front of the apartment with an object. One witness testified Morales was swinging a