People v. Pineda CA5

INTRODUCTION

In 1999, appellant Sergio Zarate Pineda1 pleaded no contest in two different cases to second degree murder and narcotics offenses pursuant to a negotiated disposition; he was sentenced to 15 years to life. He did not file appeals from his pleas or the sentence. In 2020, he filed a petition for resentencing in both cases pursuant to Penal Code2 sections 1016.8 and 1170, subdivision (d), and claimed he was not advised and did not understand his constitutional rights or that he would receive a life sentence. The superior court denied the petition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 24, 1997, an information was filed in the Superior Court of Fresno County case No. CF97603147-0, charging appellant with count 1, the murder of Jesus Palomino on December 22, 1991 (§ 187), with an enhancement for personal use of a firearm (§ 12022.5, subd. (a)) and a prior prison term enhancement (§ 667.5, subd. (b)). A preliminary hearing was…