People v. Garcia CA2/2

Filed 5/7/25 P. v. Garcia CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B337226

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA074827) v.

ARTHUR GARCIA,

Defendant and Appellant.

THE COURT:

Defendant and appellant Arthur Garcia (defendant) appeals the order denying his petition for writ of habeas corpus. After his appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. We have reviewed the record and have considered the issues raised in defendant’s brief. We

conclude the trial court’s order was not appealable and therefore dismiss the appeal.

BACKGROUND On May 15, 2008, defendant was convicted of conspiracy to commit murder in violation of Penal Code section 182, subdivision (a)(l),1 as charged in the amended information. The trial court therefore found true the prior conviction for first degree burglary alleged under section 1170.12, subdivisions (a)– (d) and section 667 subdivisions (b)–(i), as well as the five-year recidivist enhancement of section 667, subdivision (a). The court denied defendant’s Romero motion to strike the first degree burglary conviction for purpose of sentencing2 and sentenced defendant to a term of 25 years to life in prison, doubled as a second strike, plus a consecutive five years pursuant to section 667, subdivision (a), for a total of 55 years to life. Defendant was awarded presentence custody credits of 876 actual days and 31 days conduct credits calculated at 15 percent pursuant to section 2933.1. The judgment was affirmed in People v. Garcia (Apr. 28, 2011, B210960) (nonpub.opn.). Defendant filed a petition for a writ of habeas corpus on January 16, 2024, which was summarily denied on February 23, 2024, in a written decision. Counsel was not appointed nor was a hearing held. Defendant filed a timely notice of appeal from the order of denial.