People v. Perez CA5

Filed 7/22/25 P. v. Perez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088814 Plaintiff and Respondent, (Super. Ct. No. SUF23164) v.

JACOB JOSEPH PEREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Steven K. Slocum, Judge. Sandra Gillies, 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., Franson, J. and DeSantos, J.

INTRODUCTION

In 1999, defendant and appellant Jacob Joseph Perez (defendant) pled no contest to voluntary manslaughter (Pen. Code,1 § 192, subd. (a), count 1); assault with force likely to produce great bodily injury (§ 245, subd. (a)(1), count 2); battery causing serious bodily injury (§ 243, subd. (d), count 3); and conspiracy to commit assault with force likely to produce great bodily injury (§ 182, subd. (a)(1), count 4). In addition, defendant admitted enhancements for the use of a knife as to all counts (§ 12022, subd. (b)(1)), and for infliction of great bodily injury as to counts 2, 3, and 4 (§ 12022.7, subd. (a)). He was sentenced to a stipulated prison term of 36 years. In 2023, defendant filed a petition seeking resentencing on his voluntary manslaughter conviction pursuant to former section 1170.95, now renumbered as section 1172.6. The trial court appointed counsel and held an evidentiary hearing. It ultimately denied the petition, finding defendant ineligible for relief. On appeal, defendant’s appointed counsel filed a no-issue brief requesting that we exercise our discretion to independently review the record for error under People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216. Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, no supplemental brief has been filed. Following our independent review of the record, we find no arguable issues. In light of defendant’s failure to file a supplemental brief with this court, we exercise our discretion to dismiss defendant’s appeal as abandoned. FACTUAL AND PROCEDURAL BACKGROUND In 1999, defendant pled no contest to four counts: voluntary manslaughter (§ 192, subd. (a), count 1); assault with force likely to produce great bodily injury (§ 245, subd. (a)(1), count 2); battery causing serious bodily injury (§ 243, subd. (d), count 3); and conspiracy to commit assault with force likely to produce great bodily injury (§ 182,