People v. Corley CA4/1

Filed 10/20/25 P. v. Corley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084639

Plaintiff and Respondent,

v. (Super. Ct. No. SCD292274)

KENNETH WAYNE CORLEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed.

Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

Kenneth Wayne Corley’s appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issues for reversal on appeal. Counsel identifies a potential issue under Anders v. California (1967) 386 U.S. 738, 744-745

(Anders) and asks this court to review the record for error as mandated by Wende. We offered Corley the opportunity to file his own brief on appeal, but he did not do so. Our independent review confirms there are no arguable issues on appeal. We affirm. FACTUAL AND PROCEDURAL BACKGROUND

The People charged Corley with murder (Pen. Code,1 §187, subd. (a)) and alleged he personally and intentionally discharged a firearm in the commission of that offense (§ 12022.53, subds. (b), (c) & (d)). They also alleged he had previously been convicted of attempted robbery and robbery (§§ 211, 664/211, 667, subd. (a)(1), 668, 1192.7, subd. (c), 667, subds. (b)-(i), 1170.12). The People further alleged the following aggravating factors: The offense involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness. (Cal. Rules of Court, rule 4.421(a)(1)); Corley was armed with or used a handgun during the commission of the offense (Cal. Rules of Court, rule 4.421(a)(2)); he has engaged in violent conduct, which indicates a serious danger to society (Cal. Rules of Court, rule 4.421 (b)(1)); and his prior convictions as an adult and sustained petitions in juvenile delinquency proceedings are numerous and of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2)). On the People’s motion, the court struck the allegations under section 12022.53, subdivisions (b) and (c). The following evidence supported the murder conviction: After the victim, Peter Cruz, was shot on October 27, 2021, he several times identified Corley as his shooter to first responders, who recorded their interactions with him on their body worn cameras. Cruz was taken by ambulance to the