People v. Oliva CA4/1

Filed 3/4/21 P. v. Oliva CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D078193

Plaintiff and Respondent,

v. (Super. Ct. No. CR137512)

HENRY MICHAEL OLIVA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed.

Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

BACKGROUND Defendant Henry Michael Oliva and codefendant Steven Francis

Corotan1 were charged with one count of murder (Pen. Code,2 § 187, count 1) and one count of conspiracy to commit murder (§ 182, subd. (a)(1), count 2). As to count 1, the information further alleged defendant aided and abetted the murder and was personally armed with a firearm. (§ 12022, subd. (a)(1).) Defendant in September 1993 pleaded guilty to count 1, as an aider and abettor to a murder. He was sentenced to 25 years to life. On February 6, 2019, defendant filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition on October 20, 2020, finding defendant was a direct “aider and abettor” in the murder. Unable to identify any arguable issues, appellate counsel seeks independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Affirmed. FACTUAL OVERVIEW The following facts are taken from this court’s unpublished opinion in defendant’s direct appeal, People v. Henry Michael Oliva (Mar. 21, 1995, D020816, [nonpub. opn.] (Olivia I)), in which we affirmed the judgment. “On the evening of October 15, 1992, 16-year[-]old Oliva and a group of young men passed around a handgun and joked about killing James C[.] At C[.]’s home, Oliva and one young man went to the front door and spoke with C[.]’s mother. C[.] was not home. Later that evening, the group went to