People v. Esparza CA5

Filed 1/6/25 P. v. Esparza 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087411 Plaintiff and Respondent, (Super. Ct. No. BF184712A) v.

JOSE LUIS VALDEZ ESPARZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John R. Brownlee, Judge. Jean M. Marinovich, 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 Peña, Acting P. J., Smith, J. and DeSantos, J.

Defendant Jose Luis Valdez Esparza was convicted by a jury of second degree murder and robbery. The jury also found true a weapon enhancement as to each count. On defendant’s first appeal, we vacated his sentence and remanded the matter for resentencing in light of the statutory changes effected by Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567) which created a presumption in favor of the lower term for all persons who committed offenses while under the age of 26. In all other respects, we affirmed. (People v. Esparza (June 1, 2023, F083695) [nonpub. opn.] (Esparza).) The trial court resentenced defendant and defendant again appealed. Defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking the court to determine whether there were any arguable issues on appeal. Defendant was afforded an opportunity to submit a supplemental brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm. PROCEDURAL SUMMARY On May 17, 2021, the Kern County District Attorney filed an information charging defendant with the murder of Corey Wayne Thomas (Pen. Code, § 187, subd. (a);1 count 1) and robbery (§ 212.5, subd. (c); count 2). Both counts included allegations that defendant personally used a deadly or dangerous weapon, specifically, a knife. (§ 12022, subd. (b)(1).) On September 13, 2021, a jury found defendant not guilty of first degree murder, but guilty of second degree murder on count 1, and guilty of robbery on count 2. The jury also found true that defendant personally used a deadly or dangerous weapon, namely a knife, within the meaning of section 12022, subdivision (b)(1), in relation to both offenses. On December 17, 2021, the trial court sentenced defendant to an aggregate term of five years plus 15 years to life in prison as follows: on count 1, 15 years to life, plus a