People v. Simms CA3

Filed 4/18/25 P. v. Simms CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100250

Plaintiff and Respondent, (Super. Ct. No. 93F04222)

v.

LAMAR SIMMS,

Defendant and Appellant.

Defendant Lamar Simms appeals the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 Appointed counsel filed a brief requesting our independent review under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and People v. Wende (1979) 25 Cal.3d 436. Separately, Simms filed a supplemental brief contending that: (1) the trial court committed prejudicial error in failing to consider his youth at the time of the crime; (2) defense counsel rendered

1 Undesignated statutory references are to the Penal Code.

1

ineffective assistance in failing to raise Simms’s youth at the hearing; and (3) the trial court failed to apply the required beyond a reasonable doubt standard of proof. We affirm. BACKGROUND An amended information filed in 1993 charged Simms and codefendant Damian Mitchell with the murder of R.J. (§ 187, subd. (a); count one). It alleged that Mitchell personally used a 12-gauge shotgun (§ 12022.5, subd. (a)) and that Simms was a principal in the offense in which one or more principals was armed with a firearm (§ 12022, subd. (a)). The information further alleged that Simms assaulted R.J. with a 12-gauge shotgun (§ 245, subd. (a)(2); count two) and that Simms personally used the firearm in the assault (§ 12022.5, subd. (a).) The facts of the underlying offense are described in our prior appellate opinions, which we cite only to summarize the background of this case. (People v. Simms (Mar. 10, 2022, C092723) [nonpub. opn.]; People v. Simms (Feb. 9, 1996, C017594) [nonpub. opn.].) R.J. and Simms were involved in a dispute. Simms paged Mitchell and entered the codes “911” for emergency and “187” for murder. Simms took a 12-gauge shotgun from the trunk of his car and waited for Mitchell to arrive. Simms pumped and primed the weapon to verify that it was loaded. When Mitchell arrived, he asked, “ ‘ “[W]ho’s [R.J.]?” ’ ” Simms and R.J. began arguing again, and the argument escalated into a physical altercation. R.J. stabbed Simms in the chest, and Simms dropped the shotgun. Mitchell picked up the shotgun and pointed it at R.J. As R.J. backed away with his hands up, Simms told R.J. to “ ‘ “kiss his momma good-bye.” ’ ” Mitchell fired once, striking R.J. in the upper chest and neck. R.J. died at the scene. The jury found Simms guilty on both counts and found both enhancements true. The trial court sentenced him to 15 years to life plus one year consecutive for the section 12022, subdivision (a) enhancement. This court affirmed the conviction on direct appeal. (People v. Simms, supra, C092723.)