People v. Sanchez CA4/3

Filed 6/28/21 P. v. Sanchez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059825

v. (Super. Ct. No. 06CF0077)

LOUIS ARMANDO SANCHEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Luis Armando Sanchez filed a notice of appeal, and appointed counsel filed a brief summarizing the case with citations to the record, but counsel raised no arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a separate handwritten brief on his own behalf. Because this is not defendant’s first appeal as a matter of right, we are not required to independently review the record, but we may conduct such a review in the interests of justice. (People v. Flores (2020) 54 Cal.App.5th 266, 268.) 1 In 2008, defendant was convicted of premeditated attempted murder. The court sentenced him to an indeterminate life term for attempted murder, a consecutive life term for the firearm enhancement and a two-year concurrent term for active participation in a criminal street gang. On direct appeal, we affirmed the judgment. (Rodriguez, supra, G041795.) A full recitation of the facts can be found in Rodriguez, supra, G041795. Suffice it to say that defendant was with fellow gang members who, wearing black hooded sweatshirts, rode on bicycles into rival gang territory, and approached members of the rival gang. Gunshots rang out upon the rival gang members and the victim was shot, but not killed. Defendant was not the shooter, but he rode beside or just behind the shooter, and stood by while the shooter fired. Defendant admitted to the investigating officer he backed up his gang for nine months. On March 29, 2019, defendant filed a petition for resentencing in the superior court pursuant to Penal Code section 1170.95. (All further statutory references are to the Penal Code.) The court appointed an attorney to represent defendant. The court heard argument of counsel, and reviewed the information, jury instructions, jury’s verdict and findings, the sentencing minute order, the abstract of judgments from April 8, 2009, and November 8, 2010, this court’s July 28, 2010, opinion and a minute order 1 Defendant was an additional defendant in People v. Rodriguez et al. (July 28, 2010, G041795) [nonpub. opn.] (Rodriguez).