People v. Cordon-Suchtiz CA4/3

Filed 11/2/22 P. v. Cordon-Suchtiz 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061315

v. (Super. Ct. No. 02CF0424)

MYNOR ROLANDO CORDON- OPINION SUCHTIZ,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

The trial court denied defendant Mynor Rolando Cordon-Suchtiz’s Penal Code section 1170.95 petition seeking to vacate his murder conviction and to be 1 resentenced (now Pen. Code, § 1172.6). The court found the record of conviction “shows that Mr. Cordon-Suchtiz was the actual shooter in this matter and was guilty of the attempted murder. [¶] So I am going to deny the prima facie request.” Cordon-Suchtiz 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).) Cordon-Suchtiz 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 2002, Cordon-Suchtiz and two other men got into a victim’s car, tied his hands behind his back, and took his cash. The three men took the victim to a sandy ravine, where Cordon-Suchtiz shot him in the head. A jury found Cordon-Suchtiz guilty of first degree attempted murder, kidnapping to commit robbery, and kidnapping for carjacking. (§§ 187, subd. (a), 664, 209, subd. (b), 209.5, subd. (a).) The jury found true allegations Cordon-Suchtiz personally and intentionally discharged a firearm, causing great bodily injury. (§ 12022.53, subd. (d).) The trial court imposed consecutive sentences of life without the possibility of parole and 25 years to life. In January 2022, Cordon-Suchtiz filed a petition for resentencing. Cordon-