People v. Lopez CA4/1

Filed 3/22/21 P. v. Lopez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D077988

Plaintiff and Respondent,

v. (Super. Ct. No. SCS274613)

JESSE LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Affirmed. William Paul Melcher, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2017, Jesse Lopez pleaded guilty to voluntary manslaughter as a

lesser included offense of murder (Pen. Code,1 § 192, subd. (a)). Lopez admitted he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)). The remaining charges and allegations were dismissed

1 All further statutory references are to the Penal Code.

as part of a plea agreement. Lopez was sentenced to a determinate term of nine years in prison. In August 2019, Lopez filed a petition for resentencing under section 1170.95 alleging he had been convicted of either first or second degree murder and could not now be convicted in light of the changes in the definitions of malice contained in Senate Bill No. 1437. The trial court appointed counsel and received briefing from both the defense and prosecution. After reviewing the briefs and the record, the court denied the petition for resentencing noting convictions for manslaughter are not eligible for relief under section 1170.95. Lopez filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandate by Wende. We offered Lopez the opportunity to file his own brief on appeal, but he has not responded.