People v. Cull CA4/1

California Court of Appeal Sep 25, 2024 No. D083181Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, holding that the record of conviction conclusively established the defendant was the actual perpetrator who acted with the specific intent to kill, rendering him ineligible for relief as a matter of law.

Issues

Whether the trial court erred in denying the defendant's section 1172.6 petition for resentencing.
Whether the defendant's conviction for attempted murder was based on a theory of liability affected by Senate Bill No. 1437.
Whether the defendant is entitled to relief under unrelated ameliorative legislation cited in his supplemental brief.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The record of conviction conclusively demonstrates he was not convicted of attempted murder under any theory of liability that would entitle him to relief under section 1172.6”

“The resentencing process in section 1172.6 is not applicable to the actual perpetrator of attempted murder.”

“the jury had to find Cull was the actual perpetrator acting with the intent to kill in order to convict him of premeditated attempted murder.”

Filed 9/25/24 P. v. Cull CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083181

Plaintiff and Respondent,

v. (Super. Ct. No. SCD134191)

DARYL CULL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert O. Amador, Judge. Affirmed. Daryl Cull, in pro. per., and Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. INTRODUCTION Daryl Cull appeals an order denying his petition to vacate his attempted murder conviction and for resentencing under Penal Code

section 1172.6.1 His appointed appellate counsel filed an opening brief requesting review under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). After we issued a Delgadillo order notifying Cull of his right to file a supplemental brief, he did so. We conclude Cull failed to identify any arguably meritorious issues for appeal and we affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1999, a jury convicted Cull of premeditated attempted murder (§§ 664/187, 189), torture (§ 206), assault with a semi-automatic firearm (§ 245, subd. (b)), battery with serious bodily injury (§ 243, subd. (d)), and assault with a deadly weapon or force likely to cause great bodily injury (§ 245, former subd. (a)(1), amended by Stats. 2011, ch. 183, § 1). The jury also found true various allegations related to the attempted murder charge, including that Cull personally discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The court sentenced Cull to an indeterminate life term for attempted murder, a consecutive term of 25 years to life for the firearms allegation under section 12022.53, subdivision (d), and an additional determinate term of six years for assault with a deadly weapon and the related great bodily injury allegation pursuant to section 12022.7, subdivision (a). In 2000, we affirmed the judgment in an unpublished opinion. (People v. Cull (Oct. 4, 2000, D033783).) In January 2023, Cull petitioned to vacate his conviction pursuant to section 1172.6. The court appointed counsel and received further briefing

People v. Cull CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083181

DARYL CULL,

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