People v. Rodriguez CA4/3

Filed 5/17/23 P. v. Rodriguez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061945

v. (Super. Ct. No. C-79568)

ANGEL HERNANDEZ RODRIGUEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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After Angel H. Rodriguez was convicted of second-degree murder, he filed a petition for resentencing pursuant to Penal Code section 1170.95 (section 1170.95). The trial court denied the order, after finding Rodriguez failed to make a prima facie case for relief because the record of conviction showed he was the actual killer. Rodriguez appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Subsequently, this court sent a letter advising Rodriguez he had 30 days to file any supplemental brief deemed necessary, or the matter may be dismissed as abandoned. He did not file a supplemental brief. Although Rodriguez did not file a supplemental brief, we exercise our discretion to conduct an independent review of the record and appointed counsel’s Wende/Anders brief. (People v. Delgadillo (2022) 14 Cal.5th 216, 232 (Delgadillo).) As discussed below, we find no reasonably arguable issues on appeal, and the issue suggested by counsel has no merit. We therefore affirm. I FACTS AND PROCEDURAL HISTORY In 1991, a jury convicted Rodriguez of second-degree murder, and found true a deadly weapon enhancement. The trial court found true three prior strikes under the Three Strikes Law. Rodriguez was sentenced to 27 years to life. This court affirmed the judgment in an unpublished opinion. (People v. Rodriguez (1992) G011479 [unpub. opn.].) On November 15, 2021, appellant filed a petition for resentencing pursuant to section 1170.95. On November 24, 2021, the trial court appointed counsel for appellant. On January 5, 2022, the district attorney filed an opposition, attaching portions of the record from the direct appeal, including the jury instructions and the jury verdicts.