People v. Shell CA2/1

Filed 1/12/26 P. v. Shell CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B344682

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA084967) v.

BILLIE DUREYEA SHELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed. Nancy Haydt, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

________________________

Defendant Billie Dureyea Shell appeals following a resentencing pursuant to Penal Code1 section 1172.75. Shell’s appointed appellate counsel filed a brief identifying no issues on appeal and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Shell filed a supplemental brief which we address below. We affirm. FACTUAL AND PROCEDURAL SUMMARY On May 15, 2014, a jury convicted Shell of the second degree murder of his wife (§ 187, subd. (a)), which occurred at a business they jointly operated, and found true firearm enhancement allegations (§ 12022.53, subds. (b)-(d)). Following a bifurcated trial on priors, the court found Shell had suffered two prior strike convictions pursuant to the Three Strikes law (§§ 667, subds (b)-(i), 1170.12, subds. (a)-(d)), had two prior serious felony convictions (§ 667, subd. (a)(1)), and had served five prior state prison terms (§ 667.5, former subd. (b)). On June 12, 2014, the court sentenced Shell to an aggregate term of 85 years to life imprisonment. For the second degree murder count, the court sentenced Shell to 70 years to life (15 years to life multiplied by three for the prior strikes, plus a consecutive 25 years to life for the firearms enhancement). The court imposed two five-year consecutive terms for the prior convictions under section 667, subdivision (a)(1), and five one- year consecutive terms under section 667.5, subdivision (b). Shell appealed. We affirmed the judgment of conviction but ordered the trial court to modify Shell’s sentence by striking one of the section 667.5, subdivision (b) enhancements, which reduced