People v. Galarza CA4/3

Filed 1/19/23 P. v. Galarza 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061333 Plaintiff and Respondent, (Super. Ct. No. 08CF0137) v. OPINION DAMIEN LEONARD GALARZA,

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Damien Leonard Galarza, in pro. per.; and Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

In 2012, a jury convicted Damien Leonard Galarza of first degree murder 1 (Pen. Code, § 187, subd. (a)) and street terrorism (§ 186.22, subd. (a)). The jury found true two special circumstance allegations: lying in wait (§ 190.2, subd. (a)(15)) and murder committed to further the activities of a criminal street gang (§ 190.2, subd. (a)(22)). The jury also found true that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and that Galarza had vicariously discharged a firearm as a gang member which caused a death (§ 12022.53, subds. (d) & (e)(1)). The trial court sentenced Galarza to life in prison without the possibility of parole for the murder conviction, and concurrent terms for the street terrorism charge and the enhancements. In 2021, Galarza filed a propria persona petition for resentencing pursuant to section 1170.95. The People filed a written response to the petition. The alternate defender appointed to represent Galarza filed a “Brief in Support of Petition for Re-Sentencing.” After entertaining argument from both sides, the trial court denied the petition on April 26, 2022. Galarza filed a timely notice of appeal from that ruling. We appointed counsel to represent Galarza on appeal. After conducting his analysis of potential appellate issues, counsel informed us in his declaration that he reviewed the appellate record and consulted with a staff attorney at Appellate Defenders, Inc., who also reviewed the record. Counsel then filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, suggesting that he was unable to find an issue to argue on Galarza’s behalf. While not arguing against his client, counsel set forth the facts of the case and asked this court to conduct its own independent review of the appellate record, which we have done. Counsel also advised Galarza of his right to file a written argument on his own behalf which he did on November 9, 2022.