People v. Perez CA4/3
Opinion
Opinion
Motoike, J.
facts of the case. Citing Delgadillo, counsel asked this court to conduct an independent review of the entire record. Appointed counsel also cited Anders v. California (1967) 386 U.S. 738 (Anders) and identified an issue to assist in our independent review. Perez was given an opportunity to file a supplemental brief but did not do so. Under Delgadillo, we exercise our discretion to independently review the record and find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On July 12, 2019, Perez pleaded guilty to second degree murder (§187, subd. (a)). Perez also admitted the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and through the personal use and discharge of a firearm causing death (§ 12022.53, subd. (d)). The trial court imposed a total prison sentence of 40 years to life. On October 13, 2022, Perez filed a petition for resentencing pursuant to section 1172.6, and the court appointed counsel for him. The prosecution filed a response to the resentencing petition, arguing it should be denied, and Perez’s counsel filed a brief in support of the petition.…