People v. Pereda CA2/4

INTRODUCTION

Appellant Anthony Pereda appealed the denial of his petition for resentencing under former Penal Code, section 1170, subdivision (d)(1).1 Appellant’s appointed counsel filed a brief on appeal raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). We also have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and conclude no arguable issues exist. We therefore dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

On July 25, 2019, the People filed an information charging appellant with two counts of attempted premeditated murder (§§ 664, 187, subd. (a)) (counts 1 and 2), shooting at an inhabited dwelling (§ 246) (count 3), and in a separate incident, causing serious bodily injury while evading arrest in a vehicle (Veh. Code, § 2800.3, subd. (a)) (count 4). The information further alleged that as to counts 1, 2, and 3, appellant personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)), and committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C).) On September 30, 2020, appellant pled no contest…