People v. Nevarez CA5

Filed 7/20/21 P. v. Nevarez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F081699 Plaintiff and Respondent, (Kings Super. Ct. No. 14CMS7223) v.

CHRISTOPHER EDDIE NEVAREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

1.

INTRODUCTION Appellant and defendant Christopher Eddie Nevarez pleaded no contest to three felony counts. He was sentenced to prison in 2015, and he did not file a notice of appeal. In 2020, he filed a motion for recall of his sentence based on the enactment of two new laws; the court denied his motion. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 12, 2015, an information was filed in the Superior Court of Kings County that charged defendant with committing the following offenses on April 27, 2014: counts 1, 2, and 3, attempted premeditated murder (Pen. Code, § 664, 187),1 with gang enhancements (§ 186.22, subd. (b)), and allegations that he personally used a firearm (§ 12022.5, subd. (a)(1), § 12022.53, subd. (b)); counts 4, 5, and 6, assault with a firearm (§ 245, subd. (a)(2)), with gang enhancements, and enhancements for personal use of a firearm (§ 12022.5, subds. (a), (d)); and count 7, active participation in a criminal street gang (§ 186.22, subd. (a)). As to all counts, it was alleged that defendant was at least 16 years of age at the time of the offenses, pursuant to Welfare and Institutions Code section 707, subdivision (d)(1). On the same day, defendant pleaded no contest to counts 3, 4, and 5, assault with a firearm, and admitted the personal use enhancements attached to those counts (§ 12022.5, subds. (a), (d)).