People v. Alvarez CA5

INTRODUCTION

Appellant and defendant Mark Anthony Alvarez (appellant Alvarez) was the driver of a car when the passenger performed a drive-by shooting; one person was killed and two others were wounded. In 1999, after a jury trial, Alvarez was convicted of one count of first degree murder with the drive-by murder special circumstance (Pen. Code,1 § 190.2, subd. (a)(21)); and two counts of premeditated attempted murder. He was sentenced to life in prison without the possibility of parole for first degree murder with the special circumstance, plus additional life terms for the premeditated attempted murder convictions. In 2022, Alvarez filed a petition for resentencing of his convictions pursuant to section 1172.6. The trial court issued an order to show cause, conducted an evidentiary hearing, and 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 and People v. Wende (1979) 25 Cal.3d 436. Alvarez submitted a letter brief. We will address his contentions and…