People v. Perez CA2/4

Filed 6/16/23 P. v. Perez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B324434

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA358075) v.

ARTHUR PEREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Dismissed. Richard B. Lennon and Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Arthur Perez appeals the order of the trial court denying his petition for resentencing under Penal Code 1 section 1172.6 (former section 1170.95).2 We dismiss the appeal as abandoned.

BACKGROUND In June 2009, Richard Rios got into an argument with a man who was smoking marijuana in his apartment complex. During the confrontation, the man shot Rios. Police detained several men in a nearby building, including Perez. Rios and another witness later identified Perez as the shooter. In April 2011, a jury convicted Perez of attempted premeditated willful and deliberate murder (§§ 664/187, subd. (a)). The jury found true allegations that in the commission of the offense he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that he had personally used a firearm (§ 12022.53, subds. (b)-(d)). The trial court imposed a sentence of life imprisonment for the attempted murder conviction and an additional sentence of 25 years to life for an enhancement of personal gun use resulting in great bodily injury (§ 12022.53, subd. (d)).3 On appeal, this court affirmed the judgment. (People v. Perez (Jan. 29, 2013, B233296) [nonpub. opn.].) On March 22, 2022, Perez filed, in pro. per., a petition for resentencing pursuant to section 1172.6. Among other allegations, Perez alleged that he