People v. Morales CA4/1

Filed 12/14/20 P. v. Morales CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D077829

Plaintiff and Respondent,

v. (Super. Ct. No. SCD104976)

MARK MORALES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Michael S. Groch, Judge. Affirmed. Mark Morales, in pro. per.; and Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1995, a jury convicted Mark Morales of one count of first degree

murder and one count of second degree murder (Pen. Code,1 § 187, subd. (a)). The jury also found Morales personally used a firearm (§ 12022.5, subd. (a)) and that he committed more than one murder (§ 190.2, subd. (a)(3)). Morales

1 All further statutory references are to the Penal Code unless otherwise specified.

was sentenced to a term of life without parole, consecutive to a term of 15 years to life. In June 2020, Morales filed a petition to recall his sentence in light of

section 1170.91,2 claiming he served in the military and suffered mental impairment as a result. The trial court denied the petition on two grounds. First, Morales did

not attach any proof of military service.3 Second, the court held that section 1170.91 applied only to persons sentenced to a determinate term under section 1170, subdivision (b). Morales was sentenced to indeterminate terms and not under section 1170, subdivision (b). Accordingly, the court found Morales ineligible for relief under section 1170.91 and denied his petition. Morales 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 Morales the opportunity