People v. Alvarez CA4/3

Filed 10/3/23 P. v. Alvarez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061783

v. (Super. Ct. No. 15ZF0005)

FRANCISCO ALVAREZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kazuharu Makino, Judge. (Retired Judge of the Orange Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Justin Behravesh, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Francisco Alvarez filed a petition for resentencing pursuant to 1 former Penal Code section 1170.95. The trial court denied Alvarez resentencing relief at the prima facie hearing on the petition. Appointed counsel for Alvarez filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case, and asked this court to conduct an independent review of the record. Acknowledging Anders v. California (1967) 386 U.S. 738, counsel also identified a potential issue to assist in our independent review. Alvarez was given an opportunity to file a supplemental brief but did not do so. Under Delgadillo, we exercise our discretion to conduct an independent review of the record. We have examined the entire record and we find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTS AND PROCEDURAL BACKGROUND In September 2018, Alvarez pleaded guilty to attempted murder (§§ 664, subd. (a), 187, subd. (a); count 1) and aggravated assault on a peace officer (§ 245, subd. (c); count 2). He also admitted to personally using a deadly weapon (§ 12022, subd. (b)(1)) and inflicting great bodily injury (§ 12022.7, subd. (a)) as to count 1. The trial court imposed a total prison sentence of 14 years 4 months. In May 2022, Alvarez filed a petition for resentencing on count 1 pursuant to section 1172.6 and counsel was appointed for him. The People filed a response to Alvarez’s petition, arguing it should be denied. A prima facie hearing on the petition was conducted by the trial court. At this hearing the trial court reviewed the petition, the People’s response, as well as the record of conviction, and found Alvarez had failed to establish a prima facie showing for relief. Alvarez appealed.