People v. Chavez CA4/2

BACKGROUND

In 2023 a jury convicted Chavez of attempted voluntary manslaughter (Pen. Code,

§ 664/192, subd. (a))2 and possessing a firearm as a felon (§ 29800, subd. (a)(1)). It also

found that he personally discharged a firearm. (§ 12022.5, subd. (a)) The court then

found that Chavez’s prior conviction for actively participating in a criminal street gang

(§ 186.22, subd. (a)) was both a serious felony and a prior strike. (§§ 1170.12, subd. (a);

667, subds. (a)-(i))

The court sentenced him to an aggregate term of 27 years four months in prison,

composed of the upper term of five years six months for the attempted voluntary

1 Chavez claims he appeals from an order made after judgment affecting his substantial rights (§ 1237, subd. (b)), but requests we conduct an independent review of the record under Wende. However, under People v. Delgadillo (2022) 14 Cal.5th 216 we are not obligated to conduct a Wende review in an appeal from an order made after judgment. Nevertheless, it may be that this is an appeal from a new final judgment, not from a post-judgment order. (See People v. Arias (2020) 52 Cal.App.5th 213, 219–221 [a newly imposed sentence following resentencing…