People v. Pereda CA2/4

Filed 2/4/22 P. v. Pereda CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B312213

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.BA468197) v.

ANTHONY PEREDA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lynne M. Hobbs, Judge. Dismissed. Larenda R. Delaini, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Anthony Pereda appealed the denial of his petition for resentencing under former Penal Code, section 1170, subdivision (d)(1).1 Appellant’s appointed counsel filed a brief on appeal raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). We also have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and conclude no arguable issues exist. We therefore dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND On July 25, 2019, the People filed an information charging appellant with two counts of attempted premeditated murder (§§ 664, 187, subd. (a)) (counts 1 and 2), shooting at an inhabited dwelling (§ 246) (count 3), and in a separate incident, causing serious bodily injury while evading arrest in a vehicle (Veh. Code, § 2800.3, subd. (a)) (count 4). The information further alleged that as to counts 1, 2, and 3, appellant personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)), and committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C).) On September 30, 2020, appellant pled no contest to counts 1 and 3, with count 1 amended to second degree attempted murder. Appellant also admitted the firearm allegation under section 12022.53, subdivision (b). The court sentenced appellant to a total of 17 years in prison, consisting of the middle term of