People v. Chavez CA4/3

Filed 1/23/25 P. v. Chavez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063870

v. (Super. Ct. No. 02NF2781)

JOSE OSCAR CHAVEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Laura Beth Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2007, a jury convicted Jose Oscar Chavez of a murder that he committed when he was 17 years old. The trial court imposed a sentence of 40 years to life, meaning that Chavez is eligible for parole at age 57. In 2024, Chavez filed a petition for resentencing, arguing that his life sentence with the possibility of parole was the functional equivalent of a life sentence without the possibility of parole (LWOP). (Pen. Code, § 1170, 1 subd. (d)(1).) The trial court denied the petition. Chavez appealed. Appointed counsel filed an opening brief summarizing the procedural facts, but raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Chavez requested two extensions of time, but he ultimately did not file a supplemental brief on his own behalf. In the interest of justice, this court has independently reviewed the record. (See People v. Delgadillo (2022) 14 Cal.5th 216, 230 [“if the appellate court wishes, it may . . . exercise its discretion to conduct its own independent review of the record in the interests of justice”].) We agree with appointed appellate counsel and find no arguable issues. Thus, we affirm the trial court’s order.