People v. Lopez CA4/3

Filed 3/20/25 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063854

v. (Super. Ct. No. 13NF2674)

ERIC SANCHEZ LOPEZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Beatriz M. Gordon, Judge. Affirmed. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance by Plaintiff and Respondent. * * *

Eric Sanchez Lopez appeals from the trial court’s denial of his petition for resentencing. We appointed counsel to represent Lopez. Counsel informed us in his declaration he conducted an analysis of potential appellate issues, and that the case was also reviewed by a staff attorney at Appellate Defenders, Inc. Counsel filed a brief pursuant to the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) (and consistent with People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738). While not arguing against his client, counsel set forth the facts of the case and asked this court to conduct its own independent review of the appellate record, which we have done. Counsel also directed our attention to this possible issue: “Did the trial court improperly deny appellant’s petition for resentencing pursuant to section 1172.6?” Counsel advised Lopez of his right to file a written argument on his own behalf; he has not done so. We nonetheless exercise our discretion to conduct an independent review of the record. (Delgadillo, supra, 14 Cal.5th at p. 232.) After reviewing the entire record de novo, we affirm the trial court’s determination that Lopez is ineligible for the sentencing relief he seeks. FACTS In 2015, Lopez pleaded guilty to attempted murder (Penal Code,1 §§ 664, subd. (a), 187, subd. (a); count 1), and misdemeanor gang