People v. Munoz CA5

INTRODUCTION

Petitioner Victor James Munoz petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for the second degree murder of Manuel Gonzales, Jr. The superior court held an evidentiary hearing (§ 1172.6, subd. (d)(1)) and denied the petition after finding petitioner was a major participant in the underlying offense and acted with reckless indifference to human life. Appointed counsel for petitioner asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Petitioner was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from petitioner. Finding no arguable error that would result in a disposition more favorable to petitioner, we affirm.

FACTUAL AND PROCEDURAL HISTORY

I. Underlying Conviction

Petitioner’s criminal trial commenced on July 16, 1991, and proceeded on an information charging him with the murder of Gonzales in the perpetration or attempted perpetration of a robbery (§ 187, subd.…