People v. Arroyo CA4/3

Filed 8/21/25 P. v. Arroyo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064720

v. (Super. Ct. No. 08ZF0026)

MARTIN FRANK ARROYO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

After being found guilty of, among other offenses, two counts of attempted murder, Martin Frank Arroyo was sentenced to 20 years plus 15 years to life on one attempted murder conviction, and a concurrent term of 10 years plus 15 years to life on the other conviction. In 2023, Arroyo filed a petition to recall his sentence pursuant to Penal Code section 1170, 1 subdivision (d)(1). In his petition, Arroyo argued he was entitled to relief because he was 17 years old at the time he committed his offenses and his life sentences were equivalent to a sentence of life without the possibility of parole (LWOP). The trial court rejected his argument, and denied the petition. Arroyo appealed. His appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738, stating no arguable issues could result in a disposition more favorable to Arroyo. (Wende, supra, 25 Cal.3d at p. 442.) Arroyo did not file a supplemental brief. As discussed below, we find no reasonably arguable issue on appeal. We therefore affirm. I. STATEMENT OF THE FACTS In 2010, a jury found Arroyo guilty of two counts of attempted murder and two other offenses. As to the first attempted murder offense, he was sentenced to 20 years plus 15 years to life. As to the second attempted murder offense, he was sentenced to a concurrent term of 10 years plus 15 years to life. The sentence on the other two crimes were imposed, but stayed.