People v. Vera CA5

INTRODUCTION

In 1997, appellant and defendant William Vera (appellant) was convicted after a jury trial of first degree murder and assault with great bodily injury and a deadly weapon, with prior conviction allegations. The trial court granted his motion to reduce the first degree murder conviction to second degree murder, and imposed the second strike term of 12 years plus 30 years to life. In 2023, the trial court denied appellant’s motion for resentencing of his second degree murder conviction pursuant to Penal Code1 section 1172.6 for failing to state a prima facie case. On appeal, appellate counsel filed a brief that 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 and People v. Wende (1979) 25 Cal.3d 436. Appellant filed a supplemental brief. We have reviewed his contentions and affirm.

PROCEDURAL BACKGROUND

On July 10, 1997, an information was filed in the Tulare County Superior Court charging appellant with committing the following offenses on or about March 2, 1997: count 1, murder of Abel Castro (§ 187, subd. (a)),…