People v. Delacerda CA5

INTRODUCTION

In 2020, appellant and defendant Augustin Guy DeLaCerda (appellant) was convicted after a jury trial of two counts of attempted voluntary manslaughter and four counts of assault with a firearm. He was sentenced to an aggregate term of 40 years in prison. In 2022, appellant filed a petition for resentencing of his convictions for attempted manslaughter pursuant to Penal Code section 1172.6.1 The court denied the petition. On appeal, appellate counsel filed a brief which summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to both People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and People v. Wende (1979) 25 Cal.3d 436 (Wende).) Appellant submitted his own letter brief and requested this court address certain issues. We will address appellant’s issues and affirm.

PROCEDURAL BACKGROUND

On February 14, 2000, a first amended information was filed in the Superior Court of Madera County charging appellant with committing the following offenses on August 14, 1999: counts 1 and 2, the attempted premeditated murders of, respectively, Luis Gutierrez and Ruben Serrano…