People v. Charles CA5
Opinion
Opinion
INTRODUCTION
In 2011, appellant Derrick Charles (appellant) was convicted of attempted murder (Pen. Code,1 §§ 664/187, subd. (a)) and other offenses. In 2023, the trial court denied his section 1172.6 petition for resentencing for failing to state a prima facie case. 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 and People v. Wende (1979) 25 Cal.3d 436.2 Appellant submitted a letter brief. We review his arguments and affirm the trial court’s denial of his petition.
PROCEDURAL BACKGROUND
In 2011, appellant was convicted after a jury trial of attempted murder, assault with a firearm (§ 245, subd. (a)(2)), possession of a firearm by a felon (former § 12021, subd. (a)), and active participation in a criminal street gang (§ 186.22, subd. (a)) with gang and firearm enhancements, and prior conviction allegations found true. He was sentenced to 40 years to life plus one year. In 2013, the judgment was affirmed on direct appeal. (People v. Charles, supra,