People v. Roman CA1/2

Filed 11/14/23 P. v. Roman CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A165444 v. ISIDRO PAVON ROMAN, (San Mateo County Super. Ct. No. SC034149A) Defendant and Appellant.

Isidro Pavon Roman appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6 (all further statutory references are to the Penal Code). His appellate counsel filed an opening brief informing this court that he reviewed the record and could find no arguable issues to raise on appeal. Citing People v. Delgadillo (2022) 14 Cal.5th 216, counsel asked us to send his brief to Roman with notice “informing the defendant of his right to file a supplemental letter or brief and that if no supplemental letter or brief is filed within 30 days, the court may dismiss the matter.” (Id. at pp. 231-232.) We so informed Roman, and he filed a supplemental brief that is three pages long. We have evaluated Roman’s arguments as best we understand them, and we find no issues of

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merit.1 (See id. at p. 232 [when appellate counsel has found no arguable issues and the appellant submits a supplemental brief or letter, “the Court of Appeal is required to evaluate the specific arguments presented in that brief”].) Accordingly, we shall affirm. FACTUAL AND PROCEDURAL BACKGROUND Underlying Charges, Conviction, Sentence, and Appeal. On April 12, 1994, Roman was charged by information with murder of Jose Manuel Gonzalez, in violation of section 187, subdivision (a). The information also alleged that Roman had personally used a firearm in the commission of that crime (§ 12022.5, subd. (a)). On October 24, 1994, a jury found Roman not guilty of first degree murder, and guilty of second degree murder, and found the personal use of a firearm allegation true. Roman was sentenced to 15 years to life for second degree murder, with a consecutive term of four years for personal use of a firearm enhancement. This court affirmed the judgment in an opinion filed November 21, 1995. (People v. Roman (Nov. 21, 1995, A068093) [nonpub. opn.].) Petition for Resentencing On January 31, 2022, representing himself, Roman filed a petition for resentencing under section 1170.95 (since renumbered section 1172.6).2 The