People v. Aguirre CA4/3

Filed 1/13/23 P. v. Aguirre 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061758

v. (Super. Ct. No. 05SF0271)

NOEL ANUAR AGUIRRE, OPI NION

Defendant and Appellant.

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

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The trial court denied defendant Noel Anuar Aguirre’s Penal Code section 1170.95 petition seeking to vacate his two attempted murder convictions (now Pen. Code, 1 § 1172.6). The court denied the petition because “the jury specifically found that the attempted murders were committed willfully, deliberately, and with premeditation and that petitioner personally discharged a firearm causing great bodily injury.” Aguirre 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).) Aguirre 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. Delgadillo (2022) 14 Cal.5th 216, 230 [“if the appellate court wishes, it may also exercise its discretion to conduct its own independent review of the record in the interest of justice”].) Thus, we affirm the order of the trial court.

I PROCEDURAL HISTORY In 2007, a jury convicted Aguirre of two counts of attempted premeditated murder and one count of street terrorism. The jury found true allegations that Aguirre committed the attempted murders for the benefit of a criminal street gang, and personally discharged a firearm causing great bodily injury. The court found true a prior strike allegation. The court sentenced Aguirre to 50 years to life, plus nine years. This court affirmed the judgment as modified. (People v. Aguirre et al. (Nov. 19, 2008, G039307) [nonpub. opn.].) In March 2022, Aguirre filed a postjudgment petition seeking to vacate his attempted murder convictions and to be resentenced. (§ 1172.6.) The prosecution filed a