People v. Kuykendall CA2/6

Filed 2/6/24 P. v. Kuykendall CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B336490 (Super. Ct. No. VA038748) Plaintiff and Respondent, (Los Angeles County)

v.

CARTER KUYKENDALL III,

Defendant and Appellant.

Carter Kuykendall III appeals the trial court’s denial of his second petition for resentencing pursuant to Penal Code section 1172.6 (formerly § 1170.95).1 Appellate counsel filed an opening brief informing this court that he reviewed the record and could not find any arguable issues to raise on appeal. Counsel requested that we send the opening brief to Kuykendall and inform him of his right to file a supplemental letter or brief or suffer dismissal of the appeal. We so informed Kuykendall and he has filed a supplemental letter. We have evaluated the

1 All statutory references are to the Penal Code.

supplemental letter and find no issue of merit. (People v. Delgadillo (2022) 14 Cal.5th 216, 232 [when appellate counsel has found no arguable issues and the appellant submits a supplemental brief or letter, “the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion”].) Accordingly, we conclude that the court properly denied Kuykendall’s second resentencing petition, and affirm. FACTUAL AND PROCEDURAL HISTORY2 After midnight on August 7, 1996, Kuykendall entered a market in Norwalk. He demanded that the store clerk open the cash register and give him money. Kuykendall then shot the clerk in the head twice, killing him. A security camera and videotape captured the crime. Kuykendall fled the market. Shortly afterward, Kuykendall was involved in a drive-by shooting. A sheriff’s deputy followed Kuykendall until Kuykendall crashed his vehicle. Kuykendall had gunshot residue on his hands and his vehicle contained the firearm that killed the store clerk. After his arrest, Kuykendall admitted that he was at the market when the clerk was killed. At trial, Kuykendall’s mother testified that her son was the man in the market videotape. She also identified his voice in the market videotape. In 1997, a jury convicted Kuykendall of willful, deliberate, and premeditated murder committed during the commission of a special circumstance felony (robbery), second degree robbery, six counts of assault with a firearm, and unlawful possession of a