People v. Garcia CA4/1

Filed 5/3/23 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080852

Plaintiff and Respondent,

v. (Super. Ct. No. RIF125016)

ADRIAN ALFRED GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, William S. Lebov, Judge. (Retired Judge of the Yolo Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Adrian Alfred Garcia, in pro. per.; and Gary V. Crooks, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2006, a jury convicted Adrian Alfred Garcia of attempted murder

(Pen. Code,1 §§ 664 & 187, subd. (a)) and found true a firearm allegation under section 12022.53, subdivisions (c) and (d). The jury also found true a

1 All further statutory references are to the Penal Code.

gang enhancement under section 186.22, subdivision (a) and convicted Garcia of being a felon in possession of a firearm (§ 12021, subd. (a)). Following a resentencing hearing in 2010, Garcia was sentenced to an indeterminate term of 40 years to life. In 2022, Garcia filed a petition for resentencing under section 1170.95 (now renumbered section 1172.6). The court appointed counsel, reviewed the record of conviction, and held a hearing. At the hearing, the parties agreed Garcia was tried as a direct aider and abettor and that no jury instructions were given on felony murder of natural and probable consequences. The trial court denied the petition for resentencing. Garcia filed a timely notice of appeal. Appellate counsel has filed a brief consistent with People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error. We offered Garcia the opportunity to file his own brief on appeal. Garcia has filed a supplemental brief which we will discuss later in this opinion. STATEMENT OF FACTS Counsel has provided a short summary of the facts of the offense, which we will adopt for convenience. On July 14, 2005, two Hispanic males yelled “Eastside Riva” from their car at the victim. The men got out of their car and walked toward the victim. According to the victim, Garcia pulled out a revolver and fired at the victim, striking him in the right hand and right thigh. An anonymous witness provided a license plate number of the vehicle driven by the Hispanic men. On July 21,2005, a routine traffic stop was conducted on that vehicle for a broken taillight and police determined that Garcia was an occupant of the