People v. Gavaldon CA4/3

Filed 10/21/22 P. v. Gavaldon 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061575

v. (Super. Ct. No. 01CF1110)

ANTHONY JAY GAVALDON, OPI NION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

The trial court denied defendant Anthony Jay Gavaldon’s Penal Code section 1170.95 petition seeking to vacate his attempted murder conviction and to be 1 resentenced (now Pen. Code, § 1172.6). Gavaldon filed a notice of appeal. Appointed appellate counsel filed an opening brief raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Gavaldon did not file a supplemental brief on his own behalf. In the interests of justice, this court has reviewed the record and found no arguable issues. (See People v. Flores (2020) 54 Cal.App.5th 266, 268.) Thus, we affirm the order of the trial court.

I BRIEF FACTS AND PROCEDURAL HISTORY In February 2001, Gavaldon was in the backseat of a car. Jose C. was approaching the car when he saw a person in the front passenger seat holding a gun. Jose C. heard Gavaldon say, “‘Blast him, dog.’” As Jose C. ran away, he heard five shots, felt a sharp pain, and realized that he had been hit. A jury found Gavaldon guilty of attempted murder, and a substantive gang charge (street terrorism). (§§ 187, subd. (a), 664, 186.22, subd. (a).) The jury found true allegations the attempted murder was committed with premeditation and deliberation, and for the benefit of a criminal street gang. (§§ 664, subd. (a), 186.22., subd. (b)(1).) The jury further found true an allegation Gavaldon vicariously used a firearm. (§ 12022.53, subd. (d) & (e)(1).) The trial court imposed a total sentence of 40 years to life. This court affirmed the judgment of conviction on direct appeal. (People v. Gavaldon (Sept. 28, 2005, G034343) [nonpub. opn.].)