People v. Moran CA5

INTRODUCTION

Appellant and defendant Victor Moran (appellant) pleaded no contest to voluntary manslaughter and admitted firearm and gang enhancements, and was sentenced to the stipulated term of 31 years. He later filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The People offered to reduce appellant’s aggregate sentence in exchange for the dismissal of the petition with prejudice. Appellant accepted, and he was resentenced to an aggregate term of 19 years. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

FACTS

On July 25, 2013, an information was filed in the Superior Court of Tulare County charging appellant with committing the following offenses on or about October 20, 2012: count 1, murder of A.C. (§ 187, subd. (a)), with the gang special circumstance (§ 190.2, subd. (a)(22)), personally and intentionally discharging a firearm causing death (§ 12022.53, subds. (d) & (e)(1)), personally discharging a firearm (§…