People v. Sanchez CA4/3

Filed 1/10/25 P. v. Sanchez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063531

v. (Super. Ct. No. 12HF1198)

FERNANDO SANCHEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Lizabeth Weis for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Fernando Sanchez appeals the summary denial of his petition for resentencing under Penal Code section 1172.6.1 His court-appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, Anders v. California (1967) 386 U.S. 738, and People v. Delgadillo (2022) 14 Cal.5th 216, (Delgadillo). This court notified Sanchez that he had 30 days to file any supplemental brief deemed necessary, or the matter may be dismissed as abandoned. (Delgadillo, at pp. 231–232.) He did not file a supplemental brief. Exercising our discretion, we have examined the record on appeal and find no arguable error that could result in a disposition more favorable to Sanchez. (Id. at p. 232.) We thus affirm. STATEMENT OF THE CASE In November 2013, Sanchez and co-defendant Jessica Gascon were charged by information with five counts arising from crimes committed in April 2012: conspiracy to commit murder (§ 182, subd. (a)(1); count 1); attempted murder (§§ 187, subd. (a), 664, subd. (a); count 2); assault with a firearm (§ 245, subd. (a)(2); count 3); criminal threats (§ 422; count 4); and shooting at an inhabited dwelling (§ 246; count 5). It was further alleged that Sanchez personally discharged a firearm (§§ 12022.53, subd. (c), 1192.7, 667.5) in counts 1 and 2, and that Sanchez personally used a firearm (§ 12022.5, subd. (a)) in counts 1, 2, 3, and 4. On September 18, 2014, Sanchez entered a negotiated plea. He pleaded guilty to attempted murder, assault with a firearm, criminal threats, and shooting at an occupied dwelling, and he admitted he personally discharged a firearm in the commission of the attempted murder. He