People v. Nguyen CA4/3

Filed 9/30/21 P. v. Nguyen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G060096

v. (Super. Ct. No. 09ZF0050)

GIANG THUY NGUYEN, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Patrick Donahue, Judge. Affirmed. Jill Kent, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

This is a Wende appeal from an order denying appellant’s petition for resentencing under Penal Code section 1170.95. (See People v. Wende (1979) 25 Cal.3d 1 436 (Wende).) Having reviewed the record as required under Wende, we conclude there are no arguable issues to raise on appellant’s behalf. Accordingly, we affirm the trial court’s denial order. FACTUAL AND PROCEDURAL BACKGROUND Appellant and his fellow gang members conspired to murder a member of their own gang because they feared he might implicate them in a home invasion robbery that had gone awry. Although appellant was not present when the victim was murdered execution-style on the side of the road, he helped orchestrate the hit and arranged for the perpetrator’s getaway in his girlfriend’s car. Following a jury trial, appellant was convicted of conspiracy to commit murder and first degree premeditated murder. (§§ 182, subd. (a), 187, subd. (a)(1), 189, subd. (a).) The jury also found true a gang enhancement allegation, as well as special circumstances allegations the murder was committed to avoid arrest and while lying in wait. (§§ 186.22, subd. (b), 190.2, subds. (a)(5), (15).) The trial court sentenced appellant to life in prison without parole for the murder, 25 years to life for the conspiracy and 10 years for the gang enhancement. We affirmed the judgment in 2016. Two years later, following the passage of Senate Bill No. 1437 (SB 1437), appellant petitioned for resentencing under section 1170.95. After appointing counsel for appellant and receiving opposition from the prosecution, the trial court denied appellant’s petition for failure to establish a prima facie case for relief. Appellant appealed, and we appointed counsel to represent him. Counsel filed a Wende brief which set forth the facts of the case. (Wende, supra, 25 Cal.3d 436.)