People v. Boles CA4/3

Filed 7/3/24 P. v. Boles 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062789

v. (Super. Ct. No. INF056687)

ERIC MICHAEL BOLES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of California, County of Riverside, Helios (Joe) Hernandez, Judge. (Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Eric Michael Boles filed a petition for resentencing 1 pursuant to Penal Code section 1172.6. At the prima facie hearing on the petition, the trial court denied Boles resentencing relief. Appointed counsel for Boles filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and requested this court conduct an independent review of the entire record. Boles was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under Delgadillo, we examined the entire record and found no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2007, a jury found Boles guilty of premeditated and deliberate attempted murder (§§ 664, subd. (a), 187, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), and violating a restraining order (§ 273.6, subd. (a)). The jury also found Boles personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a deadly weapon (§ 12022, subd. (b)(1)) during the commission of the attempted murder. The trial court sentenced Boles to a prison term of seven years to life, with an additional one year for the deadly weapon enhancement and another three years for the great bodily injury enhancement. On direct appeal to this court, the judgment was affirmed with directions to modify Boles’s sentence to life with the possibility of parole rather than seven years