People v. Griffin CA1/3

Filed 1/30/15 P. v. Griffin CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A142422 v. JAMES PATRICK GRIFFIN, (Solano County Super. Ct. No. FC15134) Defendant and Appellant.

In 1981, appellant James Patrick Griffin pled guilty to, and was thereby convicted of, first degree murder and possession of a weapon by a prisoner in violation of Penal Code sections 187 and 4502, respectively, enhanced for personal infliction of great bodily injury pursuant to Penal Code section 12022.7.1 On February 10, 1982, the trial court sentenced appellant to 25 years to life. Over three decades later, appellant brought a motion for correction of the record pursuant to section 1237.1 on the ground that he was not awarded all the custody credits to which he was entitled. The trial court denied appellant’s motion after finding, inter alia, that it was untimely and unsupported by documentary evidence. Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende) and People v. Kelly (2006) 40 Cal.4th 106 (People v. Kelly), requesting that we conduct an independent review of the entire record on appeal. Appellant thereafter failed to exercise his right to file a supplemental brief in a timely

1 Unless otherwise stated, all statutory citations herein are to the Penal Code.

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fashion. He did, however, file a motion to augment the record on appeal, seeking to include: (1) the trial court’s August 5, 1981 order setting aside the information; (2) the People’s August 5, 1981 petition for writ of mandate; (3) this court’s November 4, 1981 order granting the People’s petition for writ of mandate; and (4) the trial court’s minute orders from April 1981 to February 10, 1982. We denied this motion on January 22, 2015, after concluding that the identified documents from over 30 years ago relating to his underlying conviction bear no relevance to our review of the trial court’s ruling on his recent motion for correction of the record. Having considered the record in accordance with People v. Wende and People v. Kelly, we affirm the judgment of the trial court for reasons set forth below.