People v. Agosta CA4/3

Filed 7/18/23 P. v. Agosta 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062425

v. (Super. Ct. No. 11CF1595)

JOHN RAND AGOSTA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant John Rand Agosta was convicted of murder and was sentenced to prison for 50 years to life. Agosta filed a petition for resentencing based on alleged mental health problems stemming from his military service. (See Pen. Code, § 1170.91, 1 subd. (b).) The trial court denied the petition. Agosta filed an appeal. Appointed counsel filed an opening brief under the procedures outlined in Anders v. California (1967) 386 U.S. 738 (Anders), and People v. Wende (1979) 25 Cal.3d 436 (Wende). Agosta filed 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.) We will briefly address the issues Agosta raises in his supplemental brief, otherwise we affirm the order of the trial court.

I FACTS AND PROCEDURAL BACKGROUND In June 2013, a jury found Agosta guilty of murder and found true an allegation that he personally discharged a firearm causing death. The trial court sentenced Agosta to an aggregate term of 50 years to life. In February 2023, Agosta filed a petition for resentencing based on alleged conditions due to his military service. (§ 1170.91, subd. (b).) The trial court denied the petition, noting “this matter has been litigated and denied previously.” In March 2023, Agosta filed a notice of appeal. In May 2023, appointed counsel filed an opening brief raising no arguable issues. Counsel averred, “I have thoroughly reviewed the record in this case. A staff attorney at Appellate Defender, Inc. has also reviewed this case.” In June 2023, Agosta filed a supplemental brief on his own behalf.