People v. Halbert CA4/1

Filed 7/25/24 P. v. Halbert CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082926

Plaintiff and Respondent,

v. (Super. Ct. No. SCD128329-02)

DERRICK EDWARD HALBERT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Laura J. Birkmeyer, Judge. Affirmed. Derrick Halbert, in pro. per.; and Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. A jury convicted Derrick Halbert and a codefendant of premeditated

first degree murder (Pen. Code,1 § 187, subd. (a)) and conspiracy to commit murder (§ 182, subd. (a)(1)). The jury found Halbert used a firearm (§ 12022,

1 All statutory references are to the Penal Code.

subd. (a)(1)). Halbert was sentenced to an indeterminate term of 56 years to life. Halbert appealed and this court affirmed his conviction in an unpublished opinion. (People v. Halbert (Nov. 9, 1999, D031427). In 2019, Halbert filed a petition for resentencing under section 1170.95 (now renumbered section 1172.6) claiming he had been convicted of murder under a theory of natural and probable consequences and felony murder or as a non-participating aider and abettor. The trial court found Halbert acted with intent to kill and was not eligible for resentencing. Halbert appealed and this court affirmed the trial court’s decision in an unpublished opinion. (People v. Halbert (Aug. 20, 2020, D077056).) In 2023, Halbert filed a second petition for resentencing under section 1172.6. The court appointed counsel, received briefing, and thereafter denied the petition by written order without issuing an order to show cause or holding an evidentiary hearing. The trial court declined to dismiss the petition on the grounds of collateral estoppel. The court reviewed the record and concluded the record demonstrated that Halbert acted with the intent to kill. Halbert filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been able to identify any potentially meritorious issues for reversal on appeal. Counsel asks the court to exercise its discretion to independently review the record for error under People v. Wende (1979) 25 Cal.3d 436 (Wende). We advised Halbert he could file his own brief on appeal.