People v. Campos CA5

INTRODUCTION

In 2019, appellant and defendant Andrew Campos (appellant) was charged with first degree murder. In 2022, he pleaded no contest to voluntary manslaughter. In 2023, he filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The trial court denied the petition because he was charged and pleaded after the effective dates of the amendments to sections 188 and 189, and he could not have been tried and convicted based upon legal theories that were legally invalid. 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 both People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and People v. Wende (1979) 25 Cal.3d 436. Appellant submitted a letter brief and raises several issues. We review the court’s ruling, address appellant’s contentions, and affirm the denial of his petition.

PROCEDURAL BACKGROUND

On June 26, 2019, an information was filed in the Superior Court of Tulare County charging appellant with count 1, murder of C.C. on or about and between March 5 and 6, 2019 (§ 187, subd. (a)), with the…