People v. Carachure CA4/3

Filed 7/21/21 P. v. Carachure 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G059817

v. (Super. Ct. No. 13CF2054)

ARMANDO ANDRES CARACHURE, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Generally, a person convicted of murder under the felony-murder rule or the natural and probable consequences doctrine may petition the trial court to vacate his 1 or her murder conviction. (Pen. Code, § 1170.95.) In 2015, a jury convicted defendant Armando Andres Carachure of first degree murder, related crimes, and enhancements. In 2020, Carachure filed a section 1170.95 petition. The trial court denied the petition because the record showed Carachure was not convicted of murder under the felony-murder rule or the natural and probable consequences doctrine. Carachure filed a notice of appeal from that order and this court appointed appellate counsel. Counsel filed a “Wende brief” identifying no arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Carachure filed a supplemental brief. We affirm the trial court’s order.

I FACTS AND PROCEDURAL BACKGROUND We provide the following “brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 109-110.) The underlying facts are derived from this court’s unpublished opinion in Carachure’s initial appeal. (People v. Carachure (Oct. 14, 2016, G051613) [nonpub. opn.].) On February 21, 2013, Carachure was identified as one of two or three young men who were chasing Fidel Guarjardo in a park. Two of the men eventually caught Guarjardo and stabbed him in the back 16 times. Guarjardo bled to death. Shortly thereafter, Carachure was seen with a fellow gang member. Carachure had a knife in his hands, and blood on his hands, clothes, and shoes.