People v. Martinez CA4/3

DISCUSSION

When defendant’s counsel identifies no arguable issues on appeal, an appellate court independently reviews the record for arguable issues. (Wende, supra, 25 Cal.3d at pp. 441-442.) Generally, “an arguable issue on appeal consists of two elements. First, the issue must be one which, in counsel’s professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment.” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.) Here, after independently reviewing the record on appeal, this court has similarly found no arguable issues. The record conclusively establishes Martinez “personally discharged a semi-automatic firearm toward three human beings with the intent to murder them.” Thus, the trial court properly denied the duplicative section 1172.6 petition at the prima facie stage. (See People v. Lewis (2021) 11 Cal.5th 952, 961–970.)

III.

DISPOSITION

The trial court’s order denying Martinez’s section 1172.6…