People v. Lucero CA3

Filed 8/21/23 P. v. Lucero CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C097595

Plaintiff and Respondent, (Super. Ct. No. 12F2037)

v.

DOLORES MARIA LUCERO,

Defendant and Appellant.

Defendant Dolores Maria Lucero appeals the trial court’s denial of her motion to vacate her conviction because of newly discovered evidence of actual innocence. Appointed counsel for defendant asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal, and defendant has filed a supplemental brief. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).) We have considered defendant’s supplemental brief

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and conducted an independent review of the record, and we will affirm the trial court’s order.

FACTS AND HISTORY OF THE PROCEEDINGS In 2014, a jury found defendant guilty of preparing false documentary evidence. The trial court suspended the imposition of sentence and placed defendant on probation, which defendant successfully completed early. In September 2022, defendant moved to vacate her conviction pursuant to Penal Code section 1473.7 (statutory section citations that follow are found in the Penal Code unless otherwise stated). Specifically, defendant argued: (1) one of the jurors had indicated she did not believe defendant was guilty of a felony and (2) defendant’s trial counsel had been ineffective. The trial court found defendant failed to carry her burden to establish actual innocence or ineffective assistance of counsel and denied the motion.

DISCUSSION Defendant’s appointed counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of her right to file a supplemental brief, and she has done so.