People v. Pineda CA5

INTRODUCTION

In 1999, appellant Sergio Zarate Pineda1 pleaded no contest in two different cases to second degree murder and narcotics charges 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 Code 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. CF98603146-2, charging appellant with committing the following felony offenses on April 10, 1997: count 1, possession of methamphetamine for sale (Health & Saf. Code, § 11378),2 with the special allegation that substance containing methamphetamine exceeded 30 liters of…