People v. Brizuela CA4/1

STATEMENT OF FACTS

The facts of the offenses are set forth in our prior opinion. (People v. Brizuela, supra, D071364.) Appellate counsel has provided a short summary of those facts which we will incorporate here to provide context for the appeal. “On March 13, 2013, David G., Edgar, Melanie, and David R. were in Libby Lake Park in Oceanside. The park was claimed by the Mesa Locos gang. David R. was affiliated with this gang. Four individuals approached them and fired multiple firearms. Melanie and Edgar died. Ballistic analysis of the recovered rounds showed three firearms were used. Police investigation identified Brizuela as one of the participants in the shooting. Brizuela was a member of the Vista Home Boys gang which had a rivalry with the Mesa Locos gang.”

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue which was considered in evaluating the potential merits of this appeal: Whether the court erred in denying Brizuela’s petition for resentencing.…