People v. Mack CA2/4

Filed 7/23/24 P. v. Mack CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B331860

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA286391) v.

TIMOTHY MACK,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sam Ohta, Judge. Affirmed. Sharon Fleming, under appointment by the Court of Appeal, and Timothy Eugene Mack, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION In 2006, a jury convicted defendant Timony Mack of three counts of first degree murder arising out of two separate incidents: the killing of Norman Fields on April 17, 2000, and the killings of Howard and Jontrae Byrdsong on June 6, 2001. The jury found true the special circumstance allegations that the Fields murder was committed by lying in wait, that the Byrdsong murders were committed for financial gain and to prevent a witness from testifying, and that Mack was convicted of multiple murders. In 2023, Mack filed a petition for resentencing of his conviction pursuant to Penal Code section 1170.95 (1172.6).1 The trial court summarily denied the petition. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Mack submitted his own letter brief. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND In 2006, a jury convicted Mack of three counts of first degree murder (§ 187, subd. (a)) arising out of two separate incidents: the killing of Norman Fields on April 17, 2000 (count 3), and the killings of Howard and Jontrae Byrdsong on June 6, 2001 (counts 1 and 2). The jury found true the special circumstance allegations that the Fields murder was committed by lying in wait (§ 190.2, subd. (a)(15)), that the Byrdsong murders were committed for