People v. Huerta CA5

INTRODUCTION

In 2012, appellant Arturo Huerta was convicted after a jury trial of second degree murder and sentenced to 15 years to life. In 2020, appellant filed a petition for resentencing pursuant to Penal Code1 section 1170.95 and alleged his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine. The superior court denied the petition. On appeal, his appellate counsel has filed a brief which 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.

FACTS2

Appellant rented a bedroom from Velia Alvarez. On April 17, 2011, Alvarez heard the sounds of an argument coming from appellant’s room, and heard a woman’s voice yelling, “[N]o, no, Arturo, please. I moved with my daughter to 2nd Street.” Alvarez then heard the sound of glass breaking and items being thrown around the room; she called the police. When police arrived at the scene, they observed appellant pacing inside his room and evidence of blood on the rear door. The officers then entered the residence from the front and rear entrances, and found…