People v. Garcia CA4/3

Filed 06/23/23 P. v. Garcia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062038

v. (Super. Ct. No. 01HF1398)

GILBERT GARCIA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Michael Cassidy, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

Defendant Gilbert Garcia was convicted of murder and attempted murder. Garcia later filed a Penal Code section 1170.95 petition to dismiss his convictions and to 1 be resentenced (now Pen. Code, § 1172.6). The trial court denied the petition at the prima facie stage. Based on the court’s instructions and the jury’s verdicts, the court found Garcia to be the actual killer. As to the attempted murder, the court found the jury was not instructed as to the natural and probable consequences doctrine. Garcia filed a notice of appeal. Garcia’s appointed appellate counsel filed an opening brief raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Garcia 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.