People v. Gatica CA4/3

Filed 6/13/24 P. v. Gatica 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063019

v. (Super. Ct. No. 01NF1451)

REYES TLASECA GATICA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Arielle Bases, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

In May 2002, defendant Reyes Tlaseca Gatica was found guilty of second degree murder. The jury also found that he personally used a knife, a deadly and dangerous weapon within the meaning of Penal Code section 12022, subdivision (b)(1).1 He was sentenced to a total of 16 years to life. In 2023, Gatica filed a resentencing petition. (§ 1172.6.) The trial court denied the petition. Appointed appellate counsel filed an opening brief raising no arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) In the interests of justice, this court has reviewed the record and found no arguable issues. (See People v. Delgadillo (2022) 14 Cal.5th 216, 230 [“if the appellate court wishes, it may also exercise its discretion to conduct its own independent review of the record in the interest of justice”].) Thus, we affirm the order of the trial court.

I FACTS For informational purposes, we repeat the relevant facts from the prior appeal in this matter, People v. Gatica (May 11, 2004, G031008) [nonpub. opn.]. As of September 7, 2000, the defendant lived with his girlfriend, Maria Munoz, and her adult son, Carlos Cervantes, in an Anaheim apartment. Late that afternoon, a neighbor heard a man and a woman arguing in the apartment. As she walked by, she saw the defendant standing over Munoz, who was on the floor. The neighbor