P. v. Delacruz CA5
In 2016, appellant Gustavo Delacruz was convicted of second degree murder for causing a fatal collision while driving under the influence of alcohol and narcotics. He had prior convictions for driving under the influence and had been warned that he could be charged and convicted of second degree murder if he again drove under the influence and caused a death. After his conviction in this case, he was sentenced to 15 years to life.
In 2021, Delacruz filed a petition for resentencing pursuant to Penal Code section 1170.95, and alleged he was not the actual killer, and his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine. The superior court denied the petition.
On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.
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