People v. Hernandez CA4/3

Filed 8/8/23 P. v. Hernandez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061921

v. (Super. Ct. No. 15CF1719)

JOSE ARTURO HERNANDEZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lance P. Jensen, Judge. Affirmed. David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Jose Arturo Hernandez appeals the summary denial of his petition for resentencing under Penal Code section 1172.6.1 His court-appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, Anders v. California (1967) 386 U.S. 738, and People v. Delgadillo (2022) 14 Cal.5th 216, 221–222 (Delgadillo). This court notified Hernandez that he had 30 days to file any supplemental brief deemed necessary, or the matter may be dismissed as abandoned. (Delgadillo, at pp. 221–222.) He filed a two-page handwritten brief arguing his convictions for attempted premeditated murder could not stand because malice had not been proven at trial. We have examined the record on appeal, considered the supplemental brief, and find no arguable error that could result in a disposition more favorable to Hernandez. (Id. at p. 232.) We thus affirm. FACTS A summary of the underlying facts is taken from this court’s unpublished opinion, People v. Hernandez and Pala (G054544, Nov. 28, 2018) [nonpub. opn.] (first appeal), for background purposes. One night in 2015, Martin F. and two other pedestrians were walking down the street in Santa Ana. A sedan pulled out from a nearby side street, and as it passed Martin, its lights turned off. The sedan stopped and two or three men exited the car. Seconds later, the two pedestrians ran past Martin. Martin heard “firecrackers,” but someone else heard gunshots. Martin fell to the ground; he had been shot once in the buttock. Shortly afterwards, law enforcement found the sedan, with Uriel Pala alone inside. It was parked at an apartment complex where Hernandez lived and was found. Hernandez, who owned the sedan, was later identified as the driver.