People v. Mendez CA5

Filed 1/13/23 P. v. Mendez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F084538 Plaintiff and Respondent, (Super. Ct. No. CRM009929) v.

JUAN MENDEZ, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Merced County. Carol K. Ash, Judge. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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* Before Franson, Acting P. J., Peña, J. and Smith, J.

Juan Mendez appeals from an order denying his petition for resentencing pursuant to Penal Code1 section 1172.6 (formerly section 1170.95).2 (See § 1237, subd. (b); Teal v. Superior Court (2014) 60 Cal.4th 595, 597.) Mendez’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Mendez did not file a supplemental brief on his own behalf. As explained below, we affirm the superior court’s order dated June 8, 2022, denying the petition for resentencing. PROCEDURAL HISTORY On July 29, 2010, a second amended information was filed charging Mendez in count 1, with premeditated, deliberate, willful murder (§ 187, subd. (a)); in count 2, with attempted murder (§§ 664/187, subd.(a)); and in count 3, with conspiracy to commit murder (§ 182, subd. (a)). Gang (§ 186.22, subd. (b)(5)) and firearm enhancements (§ 12022.53, subd. (d)) were alleged as to each count. On November 4, 2010, a jury found Mendez not guilty on counts 1 and 2, but found him guilty instead of the lesser violation of section 32, accessory. He was found guilty on count 3 and the gang and firearm enhancements were found true. On September 30, 2011, Mendez was sentenced to 50 years to life with a minimum parole period of 15 years. On September 10, 2013, this court, in the appeal from the convictions, reversed one of the accessory convictions and the gang enhancement imposed on count 3. In all other respects, the judgment was affirmed.