People v. Carruthers CA5

Filed 8/27/25 P. v. Carruthers CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088063 Plaintiff and Respondent, (Super. Ct. No. BF171176A) v.

MARVELL CARRUTHERS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Marvell Carruthers, in pro. per.; and Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

Appellant Marvell Carruthers appeals the denial of his request for resentencing after a hearing to determine whether he was entitled to relief under Penal Code section 1172.6.1 Appellant’s counsel initially filed a brief requesting this court independently review the record in line with principles defined in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant then submitted a separate supplemental letter brief raising points he wishes to have reviewed. For the reasons set forth below, we affirm. FACTUAL AND PROCEDURAL BACKGROUND This is the second time an appeal from appellant’s petition for resentencing has reached this court. We incorporate our factual and procedural background from appellant’s first appeal (People v. Carruthers (June 22, 2022, F082407) [nonpub. opn.]), which is repeated in relevant part below. We then provide additional factual and procedural information following remand. On March 9, 2018, an information was filed alleging Robert Williams and appellant had committed attempted murder, attempted robbery, assault with a firearm, and various other related firearm and gang offenses and enhancements. Appellant eventually pleaded no contest to attempted murder and a misdemeanor gang offense, along with certain firearm enhancements. Appellant was sentenced to a term of 15 years’ imprisonment. On November 10, 2020, appellant petitioned for resentencing under former section 1170.95 (now § 1172.6).2 The trial court denied appellant’s petition, concluding appellant was ineligible for relief under the law.

1 Undesignated statutory references are to the Penal Code. 2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).