People v. Garcia CA4/3

Filed 6/17/25 P. v. Garcia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064435

v. (Super. Ct. No. 07CF3830)

JORGE A. GARCIA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION In April 2011, a jury convicted Jorge A. Garcia (Defendant) and a codefendant of first degree murder. We affirmed the judgment against Defendant and codefendant in a nonpublished opinion in January 2013. (People v. Garcia et al. (Jan. 29, 2013, G045371) [nonpub. opn.](Garcia I).). Defendant appeals from an order denying his petition for resentencing made pursuant to Penal Code section 1172.6.1 The trial court denied the petition following the issuance of an order to show cause and an evidentiary hearing. Defendant’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to inform the court that counsel had found no arguable issues and to request that we exercise our discretion to conduct an independent review of the record. Counsel also suggested one issue for our consideration. Defendant was given the opportunity to file a supplemental brief on his own behalf and was given notice pursuant to Delgadillo that if no supplemental brief was filed, the court might dismiss the appeal as abandoned. Defendant did not file a supplemental brief. We nonetheless exercise our discretion to conduct an independent review of the record. (Delgadillo, supra, 14 Cal.5th at p. 232) and find no arguable issues on appeal.