People v. Arce CA2/4

Filed 4/24/23 P. v. Arce CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B320920

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA104936) v.

IRVIN ARCE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Affirmed. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION In 2019, defendant Irvin Arce was convicted by jury of a variety of crimes, including premeditated attempted murder. After we affirmed the judgment in his direct appeal, defendant filed a petition for writ of habeas corpus, which the trial court treated as a petition for resentencing under Penal Code former section 1170.95 (now section 1172.6), based on changes to the law of murder made by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437).1 The court found defendant ineligible for relief, and defendant appeals from that order. Defendant’s appellate attorney filed a Wende2 brief in which she raised no issues and asked us to review the record independently to determine whether any arguable claims of error exist. Although defendant would not normally be entitled to independent Wende review in this matter, a search of our files indicates that we provided him with insufficient notice that his appeal could be dismissed if he did not file a supplemental brief. Because of this error, we exercise our discretion to review the record independently. Nevertheless, our independent review of the record has revealed no arguable appellate issues, and we affirm.