People v. Andrade CA4/3

Filed 2/11/25 P. v. Andrade 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063984

v. (Super. Ct. No. 05CF2584)

JORGE JOSE ANDRADE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Defendant Jorge Jose Andrade filed a petition for resentencing 1 pursuant to Penal Code section 1172.6. At the prima facie hearing on the petition, the trial court denied Andrade resentencing relief. Appointed counsel for Andrade filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and requested this court conduct an independent review of the entire record. Andrade was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under Delgadillo, we examined the entire record and found no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2009 and relevant to this appeal, a jury found Andrade guilty of first degree murder (§ 187, subd. (a); count 1). The jury also found to be true the allegation Andrade committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and the special circumstance allegation that while an active participant in a criminal street gang, he committed the murder to further the activities of the gang (§ 190.2, subd. (a)(22)). The trial court sentenced Andrade to a total prison term of life without the possibility of parole. On direct appeal to this court, the judgment was affirmed (People v. Andrade (May 23, 2011, G042551) [nonpub. opn.].) In March 2019, Andrade filed a petition for resentencing pursuant to former section 1170.95.2 Counsel was appointed at his request. In