People v. Vasquez CA4/1

Filed 12/10/21 P. v. Vasquez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079010

Plaintiff and Respondent,

v. (Super. Ct. No. SCD199902)

ISIDRO VASQUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In February 2007, a jury convicted Isidro Vasquez of first degree

murder (Pen. Code,1 § 187, subd. (a)) and found true that he personally used a firearm (§ 12022,53, subds. (d) & (e)(1)) and that the crime was committed

1 All further statutory references are to the Penal Code.

for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Vasquez was sentenced to an indeterminate term of 50 years to life in prison. Vasquez appealed and this court affirmed his conviction in an unpublished opinion, People v. Vasquez, D050954 (Feb. 5, 2009). In 2019, Vasquez filed a petition for resentencing under section 1170.95. Thereafter the court appointed counsel, received briefing, issued an order to show cause, held an evidentiary hearing, and ultimately denied the petition by written order. Vasquez was not permitted to relitigate the issue of identity, which was resolved in the original trial. The judge at the evidentiary hearing acted as an independent evaluator of the evidence. The court found the prosecution had proved Vasquez’s guilt beyond a reasonable doubt. The court found Vasquez to be ineligible for resentencing under section 1170.95 and denied his petition. Vasquez filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Vasquez the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS The facts of the offenses are fully set forth in our prior opinion. (People v. Vasquez, supra, D050954.) Appellant has provided an accurate