People v. Hernandez CA4/2

I.

INTRODUCTION

Defendant and appellant Benjamin Hernandez appeals from a postjudgment order 1 denying his Penal Code section 1170.95 petition to vacate his second degree murder

conviction and obtain resentencing relief under the procedures established by Senate Bill

No. 1437. Counsel has filed a brief under the authority of People v. Wende (1979)

Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), requesting

this court to conduct an independent review of the record. In addition, defendant has had

an opportunity to file a personal supplemental brief with this court and has not done so.

As defendant has failed to file a supplemental brief raising any issues for our review, we

shall dismiss the appeal.

II.

PROCEDURAL BACKGROUND

A jury found defendant guilty of second degree murder as an aider and abettor.

(People v. Rodriguez (Sept. 28, 2010, E046636) at p. 8 [nonpub. opn.] (Rodriguez).);

§ 187, subd. (a).) The jury also found that defendant had used a deadly weapon, a shovel,

in the commission of the crime. (§ 12022, subd. (b)(1).) The trial court sentenced

defendant to 15 years to life in prison and imposed a consecutive one-year…