Filed 7/2/26 P. v. Sanchez CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D086058
Plaintiff and Respondent, (Super. Ct. No. BAF003430)
v.
OSCAR RAFAEL SANCHEZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Riverside County,
Joshlyn R. Pulliam, Judge. Affirmed.
Oscar Rafael Sanchez, in pro. per., and Jennifer A. Gambale, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
In 2005, a jury convicted Oscar Rafael Sanchez of second degree
murder (Pen. Code,1 § 187). Sanchez was sentenced to an indeterminate term
of 15 years to life in prison.
In April 2024, Sanchez filed a pro per petition for resentencing under
section 1172.6. The court appointed counsel, received briefing, and
1 Further statutory references are to the Penal Code.
considered the record of conviction including the jury instructions. The court
held a hearing and found Sanchez ineligible for relief under section 1172.6
and denied the petition without conducting an evidentiary hearing. The
court found there were no jury instructions on felony murder, natural and
probable consequences or aiding and abetting. The jury found Sanchez guilty
based on implied malice from his personal behavior in the commission of a
dangerous act.
Sanchez filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Delgadillo
(2002) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been able to
identify any potentially meritorious issues for reversal on appeal. Counsel
recognizes the procedure set forth in People v. Wende (1979) 25 Cal.5th 436.)
do not apply to cases filed under the authority of Delgadillo. Counsel notes
the Delgadillo opinion does grant to the appellate courts the discretion to
independently review the appellate record for error. Counsel asks the court
to exercise its discretion to conduct such review.
We advised Sanchez he could file his own brief on appeal. Sanchez has
filed a lengthy document as his supplemental brief. The brief principally
focuses on the proceedings in the original trial in 2005. He recognizes this
appeal is not from the original trial and he acknowledges there were no jury
instructions given at the trial on now prohibited theories of liability. He
appears to argue that the conviction for second degree murder was based on a
jury finding that he acted with implied malice.
Sanchez also argues his appellate counsel was ineffective for filing a
“Delgadillo” brief. Appellant’s supplemental brief does not raise any
potentially meritorious issues for reversal on appeal.
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DISCUSSION
As we have noted appellate counsel has filed a Delgadillo brief and
asks the court to exercise its discretion to independently review the record for
error. To assist the court in its review and in compliance with Anders v.
California (1967) 396 U.S. 738 (Anders) counsel has identified a possible
issue that was considered in evaluating the potential merits of this appeal:
whether the court erred in finding Sanchez ineligible for relief at the prima
facie stage of the review process.
We have independently reviewed the record for error. We have not
discovered any potentially meritorious issues for reversal on appeal. We have
reviewed the portion of the prosecutor’s closing argument attached to
Sanchez’s supplemental brief and we do not agree with Sanchez that the
prosecutor argued a theory of imputed malice to the jury. Rather, the
prosecutor was arguing that Sanchez himself acted with implied malice.
Competent counsel has represented Sanchez in this appeal.
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DISPOSITION
The order denying appellant’s petition for resentencing under section
1172.6 is affirmed.
HUFFMAN, J.*
WE CONCUR:
BUCHANAN, Acting P. J.
KELETY, J.
*
Retired Associate Justice of the Court of Appeal, Fourth Appellate
District, assigned by the Chief Justice pursuant to article VI, section 6 of the
California Constitution.
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