People v. Dominguez CA4/1

Filed 10/14/20 P. v. Dominguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077552

Plaintiff and Respondent,

v. (Super. Ct. No. CR113183)

LARRY N. DOMINGUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Howard H. Shore, Judge. Affirmed. Larry N. Dominguez, in pro. per.; and Mary Woodward Wells, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1990, Larry N. Dominguez pleaded guilty to second degree murder

(Pen. Code,1 § 187, subd. (a)) and admitted the use of a firearm (§§ 12022.5, subd. (a) and 1192.7, subd. (c)(8)). He also admitted one count of jail escape. Dominguez was sentenced to an indeterminate term of 17 years to life, to be

1 All further statutory references are to the Penal Code.

served concurrently with a sentence he was already serving for convictions for attempted murder. Dominguez moved to withdraw his guilty plea, but the motion was denied. Dominguez appealed and this court affirmed the judgment and sentence in an unpublished opinion filed August 17, 1992. (People v. Dominguez (Aug. 17, 1992, D013873) [nonpub. opn.].) In his guilty plea, Dominguez stated that he “did shoot and kill a human being with intent to kill in San Diego County.” In our opinion filed in 1992, we observed that the evidence was Dominguez personally shot and killed the victim. In 2019, Dominguez filed a petition under section 1170.95 for resentencing of his murder conviction. The trial court appointed counsel to represent him. In the ensuing months, Dominguez requested different counsel and was ultimately allowed to represent himself. The trial court denied the petition in a written order filed January, 2020. In the order, the trial court found Dominguez was the actual killer. The court noted the change of plea signed by Dominguez included an admission he shot and killed the victim with the specific intent to kill. The order also noted this court’s prior opinion found Dominguez was the person who shot and killed the victim. Dominguez filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating she has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Dominguez the opportunity to file his own brief on appeal. Dominguez has responded with a