People v. Assid CA4/3

Filed 3/30/23 P. v. Assid 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061780

v. (Super. Ct. No. 99NF0465)

SALIM ASSID, JR., OPI NION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Lewis Clapp, Judge. Affirmed. Gene D. Vorobyov, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

The trial court denied defendant Salim Assid Jr.’s Penal Code section 1170.95 petition seeking to vacate his murder and attempted murder convictions (now 1 Pen. Code, § 1172.6). The court ruled: “Based on [the jury] instructions and the jury’s corresponding findings, it is clear that [Assid] was convicted as the actual killer and thus would still be guilty of the offenses under current law.” Assid 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).) Assid 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 November 2000, a jury convicted Assid of murder, attempted murder, and shooting at an occupied motor vehicle. The jury found true various sentence enhancements, including that Assid personally discharged a firearm. The trial court imposed an aggregate sentence of 90 years to life. This court affirmed the judgment on appeal. (People v. Assid (Mar. 6, 2003, G028531) [nonpub. opn.].) In April 2022, Assid filed a petition seeking to vacate his murder and attempted murder convictions and to be resentenced. (See § 1172.6.) In June 2022, the prosecution filed a response, which included copies of the charging document (the information), the jury instructions used in the 2000 trial, the