People v. Larios CA5

INTRODUCTION

In 1998, appellant and defendant Fernando Larios (Larios) was convicted after a jury trial of second degree murder and attempted murder, with deadly weapon enhancements. He was sentenced to 11 years plus 15 years to life. In 2022, he filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The trial court found the petition stated a prima facie case and issued an order to show cause. In 2023, the court conducted the evidentiary hearing, and found beyond a reasonable doubt that Larios was the actual perpetrator of both offenses and denied the petition. On appeal, Larios’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Delgadillo (2022) 14 Cal.5th 216; People v. Wende (1979) 25 Cal.3d 436.) Larios filed a supplemental brief and raises several issues. We affirm.

FACTS2

A. Statements and Testimony of Surviving Witnesses “The evening of September 7, 1996, was a Saturday night. Sal Moreno began the evening at the home of his friend, Michael Ramirez. The two had a few beers before leaving in Moreno’s light-colored [car] to go to Cesar…