People v. Pintor CA4/3

Filed 8/30/23 P. v. Pintor 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062067

v. (Super. Ct. No. 10NF1124)

RAFAEL PINTOR, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury convicted defendant Rafael Pintor of two counts of attempted murder with premeditation and deliberation (Pen. Code, §§ 187, subd. (a), 664; counts 2 1 2 and 3) and active participation in a criminal street gang (§ 186.22, subd. (a); count 4). The jury also found true allegations that counts 2 and 3 were committed for the benefit of or to promote a criminal street gang (§ 186.22, subd. (b)(1)) and defendant vicariously discharged a firearm causing great bodily injury to promote, further, and assist in criminal conduct by gang members with regard to count 2 (§§ 12022.53, subds. (d), (e)(1), 186.22, subd. (b)). Defendant admitted a prior serious felony conviction (§ 667, subd. (a)(1)) and prior strike conviction (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)). The court sentenced defendant to an indeterminate term of 39 years to life, plus a determinate term of five years for the prior serious felony. In 2015, another panel of this court affirmed a modified judgment. (People v. Pintor (Sept. 16, 2011, G049653) [nonpub. opn.].) In August 2022, defendant filed a petition for resentencing under former 3 section 1170.95 (now § 1172.6). The trial court summarily denied defendant’s petition for resentencing. Defendant timely filed a notice of appeal. His appointed counsel advised the court he was unable to find an issue to argue on defendant’s behalf and requests that we review the entire record. (People v. Wende (1979) 25 Cal.3d 436.) Consistent with Anders v. California (1967) 386 U.S. 738, appointed counsel also identified the following issue to assist in our independent review: whether the trial court 1 All further statutory references are to the Penal Code. 2 The court granted the prosecution’s motion to dismiss one count of conspiracy to commit murder (§ 182, subd. (a)(1), 187, subd. (a); count 1). To avoid any confusion, we refer to the counts as they were alleged and numbered in the information. 3 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).