People v. Esteves CA4/1

Good Law
Court of Appeal of CaliforniaNovember 18, 2021D078932California215 words

Opinion

Opinion

STATEMENT OF FACTS

The facts of the offense are fully set forth in our prior opinion, People v. Esteves et al., supra, D056078. We will not repeat them here.

We granted Esteves’s request for the court to take judicial notice of our records in case No. D075717.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified several possible issues that were considered in evaluating the potential merits of this appeal. 1. Whether Esteves stated a prima facie case for relief by filing a form petition. 2. Whether the absence of felony murder and natural and probable consequences jury instructions demonstrate Esteves’s ineligibility as a matter of law. 3. Whether the trial court erred by making credibility determinations from the prior appellate record. We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Esteves on this appeal.

DISPOSITION

The order denying Esteves’s…

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