People v. Perez CA4/3

Filed 2/23/24 P. v. Perez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062585

v. (Super. Ct. No. 13NF2969)

JOSE ALDAIR PEREZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Jose Aldair Perez filed a petition for resentencing pursuant to 1 Penal Code section 1172.6. The trial court denied the petition after concluding Perez failed to make a prima facie showing for relief. Appointed counsel for Perez filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case. Citing Delgadillo, counsel asked this court to conduct an independent review of the entire record. Appointed counsel also cited Anders v. California (1967) 386 U.S. 738 (Anders) and identified an issue to assist in our independent review. Perez was given an opportunity to file a supplemental brief but did not do so. Under Delgadillo, we exercise our discretion to independently review the record and find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND On July 12, 2019, Perez pleaded guilty to second degree murder (§187, subd. (a)). Perez also admitted the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and through the personal use and discharge of a firearm causing death (§ 12022.53, subd. (d)). The trial court imposed a total prison sentence of 40 years to life. On October 13, 2022, Perez filed a petition for resentencing pursuant to section 1172.6, and the court appointed counsel for him. The prosecution filed a response to the resentencing petition, arguing it should be denied, and Perez’s counsel filed a brief in support of the petition. At the prima facie hearing on the petition, the trial court reviewed Perez’s petition, the prosecution’s response, as well as the record of