People v. Arevalo CA5

Filed 5/13/25 P. v. Arevalo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087891 Plaintiff and Respondent, (Super. Ct. No. BF189572A) v.

ANDRES ESTUARDO AREVALO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.

Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Hill, P. J., Peña, J. and Snauffer, J.

INTRODUCTION In March 2023, defendant Andres Estuardo Arevalo pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted allegations he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)) and he was on probation or parole when the crime was committed (Cal. Rules of Court, rule 4.421(b)(4)). He was sentenced to an agreed-upon sentence of 11 years (the upper term) for the voluntary manslaughter count and an additional 10-year term for the section 12022.5, subdivision (a) firearm enhancement. On February 27, 2024, defendant filed an “Application for Recall and Resentencing S.B. 81, 483, 567, PC §§ 1172.1, 1172.75, and 1385.” The court issued an order that states: “Defendant not eligible for resentencing in case number listed above. Motion/Petition denied”; “Case is final. Therefore, defendant is not eligible for resentencing as requested in motion/petition”; “Already ruled on—2/2/24.” Defendant appeals from the court’s order denying his request. On appeal, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) asking this court to review the record to determine whether there are any arguable issues on appeal. Our court sent defendant a letter notifying him counsel found no arguable issues, he had 30 days to file a supplemental letter or brief raising any arguable issues, and his failure to file a supplemental letter or brief could result in this court dismissing the appeal as abandoned. Defendant filed a supplemental brief. After considering defendant’s supplemental letter brief and independently reviewing the record, we dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with deliberate and premeditated murder (Pen. Code, § 187, subd. (a); count 1) and it was alleged he personally and intentionally discharged a firearm during the commission of the offense that proximately caused great bodily injury or death to another person, not an accomplice (§ 12022.53, subd. (d)). It was also alleged