People v. Catalan CA5

Filed 12/21/23 P. v. Catalan CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086119 Plaintiff and Respondent, (Super. Ct. No. LF009916C) v.

EDY RENE CATALAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Charles R. Brehmer, Judge. William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Meehan, J.

INTRODUCTION In 2014, after a jury trial, appellant and defendant Edy Rene Catalan (appellant) was convicted of attempted voluntary manslaughter, with gang and great bodily injury enhancements, plus other felonies. Appellant was sentenced to 17 years eight months in prison. In 2022, appellant filed a petition for resentencing pursuant to Penal Code1 section 1172.6. In 2022, the trial court denied the petition and found appellant was ineligible for relief. On appeal, appellate counsel filed a brief which summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to both People v. Delgadillo (2022) 14 Cal.5th 216 and People v. Wende (1979) 25 Cal.3d 436. Appellant submitted a letter brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On April 3, 2014, an information was filed in the Superior Court of Kern County charging appellant and his codefendants Daniel Catalan (Daniel), Roberto Rodriguez (Rodriguez), and Dennis Ruth (Ruth) with count 1, premeditated attempted murder of German S. (§§ 664/187, subd. (a)(1)); count 2, assault with a deadly weapon on German S. (§ 245, subd. (a)(1)); count 3, assault by force likely to produce great bodily injury on Jamie B. (§ 245, subd. (a)(4)); count 4, active participation in a criminal street gang (§ 186.22, subd. (a)); and count 5, robbery of Elbardo S. (§ 212.5, subd. (c)), with gang, great bodily injury, and deadly weapon enhancements. Verdicts and Sentencing On October 28, 2014, after a joint jury trial, the jury found appellant and his codefendants Daniel and Rodriguez not guilty of the charged offense in count 1 of