People v. Loera CA5

INTRODUCTION

In 1996, appellant and defendant Candido Rodriguez Loera (appellant) was convicted after a jury trial of second degree murder with a prior strike conviction. He was sentenced to the second strike term of 30 years to life. In 2023, appellant filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The trial court found his petition stated a prima facie case and set an evidentiary hearing. At the hearing, the court considered the transcript of appellant’s jury trial, and new evidence introduced by both parties; appellant also testified at the hearing. The court denied the petition and found appellant was still guilty of second degree murder beyond a reasonable doubt after the statutory amendments to sections 188 and 189. On appeal, appellate counsel filed a brief which 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 supplemental brief. We address his contentions, independently review the record, and find the trial court’s conclusions…