People v. Perez CA5

INTRODUCTION

In 2022, appellant and defendant Ruben Perez (appellant) pleaded no contest to voluntary manslaughter and felon in possession of a firearm and was sentenced to 11 years eight months in prison. In 2023, he filed a petition for resentencing pursuant to Penal Code1 section 1172.6. In 2024, the trial court denied the petition for failing to state a prima facie case because appellant entered his plea 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 and People v. Wende (1979) 25 Cal.3d 436. Appellant filed a letter brief and raises several issues. We review the trial court’s ruling, address appellant’s contentions, and affirm the denial of his petition.

FACTS2

“ ‘Late in the evening on May 2nd, 2021, [appellant] engaged in an altercation with Chase Jones at a taco truck on Martha Street in Keyes,…