People v. Toscano CA2/3

Filed 6/10/21 P. v. Toscano CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B309718

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA227454 v.

ADRIAN TOSCANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael E. Pastor, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

In 2003, Adrian Toscano was convicted of first degree murder and attempted robbery. He was sentenced to 50 years to life in prison. This court affirmed the judgment in 2005. (People v. Toscano (Mar. 21, 2005, B173824) [nonpub. opn.] (Toscano I).) After the enactment of Senate Bill No. 1437 (S.B. 1437) (Stats. 2018, ch. 1015), Toscano petitioned for resentencing under Penal Code1 section 1170.95. At his request, the trial court appointed counsel to represent Toscano. After considering briefing and argument from both sides, the court denied the petition without issuing an order to show cause. Toscano appeals. Our independent review of the record has revealed no arguable appellate issues. Accordingly, we affirm.

BACKGROUND