People v. Sanchez CA4/1

Filed 6/17/22 P. v. Sanchez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080189

Plaintiff and Respondent,

v. (Super. Ct. No. INF051951)

JOEL ELIAS SANCHEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. Joel Elias Sanchez, in pro. per.; and David P. Lampkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This is an appeal from the denial of a second petition for resentencing under Penal Code section 1170.95.

PROCEDUAL BACKGROUND In July 2010, a jury convicted Joel Elias Sanchez of second degree

murder (Pen. Code,1 § 187, subd. (a)) and found Sanchez personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). Sanchez was sentenced to an indeterminate term of 40 years to life in prison. Sanchez appealed and this court affirmed the judgment in an unpublished opinion. (People v. Sanchez (June 4, 2012, D060315).) In 2019, Sanchez filed his first petition for resentencing under section 1170.95. After appointment of counsel and a hearing, the court found the record demonstrated Sanchez was the actual killer and that the jury was not instructed on natural and probable consequences or felony murder. Sanchez appealed and this court affirmed the order denying his petition. (People v. Sanchez (July 1, 2020, D077326) [nonpub. opn.].) In February 2022, Sanchez filed another petition for resentencing under section 1170.95. After the appointment of counsel and a hearing, the court again denied the petition. The court found the petition repetitive and reiterated the finding Sanchez was the actual killer and therefore not eligible for resentencing. Sanchez again appealed. 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 Sanchez the opportunity to file his own brief on appeal. Sanchez has filed a supplemental brief which we will discuss below.