People v. Salceda CA2/3

Filed 8/15/22 P. v. Salceda CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Ca l ifornia Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions no t certified for publication or ordered published, except as specified by rule 8.1115(a). This opinion has no t been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B318331

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA071124 v.

HECTOR CAMPOS SALCEDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Hector Campos Salceda appeals from an order denying his petition for resentencing under Penal Code1 section 1170.95 (now § 1172.6).2 His appellate counsel declared he was unable to find any arguable issues and asked us to proceed under People v. Serrano (2012) 211 Cal.App.4th 496. Some appellate courts have held that an appeal from a postconviction order may be dismissed as abandoned if counsel has found no arguable issues and the defendant has not filed a supplemental brief. (See, e.g., People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted Oct. 14, 2020, S264278; Serrano, at p. 501.) After exercising our discretion to conduct a review of the merits of the appeal under People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm the order.

BACKGROUND

Salceda summarized the underlying facts from the probation report and the People’s opposition to the resentencing petition which, in turn, summarized the facts set forth in our prior opinion affirming the judgment of conviction, People v. Salceda (Feb. 23, 2021, B298363) [nonpub. opn.] (Salceda). Our summary of the facts and procedural history are taken from Salceda and the record in this appeal. This matter arises out of events occurring in March 2017 when Salceda shot and killed Jacob Sullivan. As described in