People v. Sierra CA4/3

Filed 12/20/22 P. v. Sierra 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061441

v. (Super. Ct. No. 06HF1573)

FRANCISCO SIERRA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Shay Dinata-Hanson, under appointment by the Court of Appeal, for Defendant and Appellant. * * *

The trial court denied defendant Francisco Sierra’s Penal Code section 1170.95 petition seeking to vacate his murder conviction and to be resentenced (now Pen. 1 Code, § 1172.6). Sierra filed an appeal. Appointed counsel filed an opening brief raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436; Anders v. California (1967) 386 U.S. 738.) Sierra 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 August 2006, Sierra admitted shooting Andres Hernandez, but he said it was in self-defense. In July 2009, a jury found Sierra guilty of murder and found true an enhancement for personally discharging a firearm causing death. (§§ 187, 12022.53, subd. (d).) The trial court imposed a sentence of 15 years to life for the murder, plus a consecutive 25 years for the firearm enhancement. This court affirmed the judgment on direct appeal. (People v. Sierra (Sept. 24, 2010, G042514) [nonpub. opn.].) In December 2021, Sierra filed a petition for resentencing. Sierra averred: “There has been a prior determination by a court or jury that I was not a major participant and/or did not act with reckless indifference to human life under Penal Code § 190.2(d). Therefore, I am entitled to be re-sentenced pursuant to § 1170.95(d)(2).” The prosecution filed a response. The response included copies of the charging document, the court’s instructions, and the jury’s verdict forms.