People v. Arevalo CA5

INTRODUCTION

In March 2023, defendant Andres Estuardo Arevalo pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted allegations he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)) and he was on probation or parole when the crime was committed (Cal. Rules of Court, rule 4.421(b)(4)). He was sentenced to an agreed-upon sentence of 11 years (the upper term) for the voluntary manslaughter count and an additional 10-year term for the section 12022.5, subdivision (a) firearm enhancement. On February 27, 2024, defendant filed an “Application for Recall and Resentencing S.B. 81, 483, 567, PC §§ 1172.1, 1172.75, and 1385.” The court issued an order that states: “Defendant not eligible for resentencing in case number listed above. Motion/Petition denied”; “Case is final. Therefore, defendant is not eligible for resentencing as requested in motion/petition”; “Already ruled on—2/2/24.” Defendant appeals from the court’s order denying his request. On appeal, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) asking this court to review the record to determine whether there are any arguable…