People v. Marquez CA5
Opinion
Opinion
INTRODUCTION
In 2017, appellant and defendant Lazarus Daniel Marquez (appellant) was convicted after a jury trial of kidnapping during a carjacking and other offenses, and sentenced to life with the possibility of parole. In 2023, appellant filed a motion for resentencing pursuant to Penal Code1 section 1170.91, which provides for resentencing of petitioners who have served in the United States military and can demonstrate specified harms arising from their service. (§ 1170.91, subd. (b).) The trial court found appellant was ineligible for resentencing and denied the motion. 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. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We independently review the record and affirm.
FACTS
On July 10, 2015, appellant carjacked, kidnapped, robbed, and assaulted a victim with a firearm. Appellant threatened the victim twice in case she tried to contact the police, and took her personal identifying information.