P. v. Chavez CA4/3
In 2002, defendant Jose Oscar Chavez was the driver of a vehicle during a drive-by shooting. A jury convicted Chavez of murder and found true related firearm and gang allegations. The trial court imposed a sentence of 40 years to life.
In 2019, Chavez filed a petition seeking to vacate his murder conviction. (Pen. Code, § 1170.95.) After a hearing, the trial court denied the petition, telling Chavez: “I do believe the People have proven beyond a reasonable doubt that you are liable for second degree murder based upon your own actions and implied malice.”
Chavez filed an appeal. Counsel filed an opening brief identifying no arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Chavez filed a supplemental brief asking this court to dismiss and replace his appointed counsel.
We reviewed the record and found no arguable issues. Thus, we affirm the trial court’s order. We also deny Chavez’s request to dismiss and replace his counsel.
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