People v. Farias CA5

INTRODUCTION

In 1996, appellant and defendant Jessie Farias (appellant) was convicted of first degree murder, conspiracy to commit murder, attempted murder, and street terrorism, and sentenced to 25 years to life plus a determinate term. In 2021 and 2022, appellant filed successive petitions for resentencing of his first degree murder conviction; the trial court summarily denied his petitions and he did not file appeals from those rulings. In 2023, appellant filed a third petition for resentencing of both his murder and attempted murder convictions. The court appointed counsel and conducted a hearing, and denied the petition for failing to state a prima facie case. 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 People v. Delgadillo (2022) 14 Cal.5th 216. Appellant submitted a letter brief raising several issues about the trial court’s denial of his petitions. We address his contentions and affirm the court’s denial of his petition.

FACTS1

“On the evening of May 25, 1995, Rigoberto Tapia was at home with his friend…