People v. Ochoa CA4/3

Filed 8/10/23 P. v. Ochoa 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062111

v. (Super. Ct. No. 10CF0100)

CHRISTOPHER RUDY OCHOA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Elizabeth G. Macias, Judge. Affirmed. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

In 2016, Christopher Rudy Ochoa pleaded guilty to manslaughter, attempted murder, a substantive gang crime, and related gang and firearm enhancements. Ochoa admitted on a plea form, in part, “I willfully and unlawfully personally used a firearm to kill Martin Herrera, a human being. I also willfully and unlawfully shot David Frias, with the specific intent to murder him.” The trial court imposed an aggregate sentence of 40 years in prison. In 2022, Ochoa filed a Penal Code section 1170.95 petition seeking to dismiss his manslaughter and attempted murder convictions, and to be resentenced (now 1 Pen. Code, § 1172.6). The trial court denied the petition. Ochoa filed a notice of appeal. Appointed appellate counsel filed an opening brief raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Ochoa 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.