People v. Bills CA2/4

Filed 8/25/20 P. v. Bills CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B301800

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A790003) v.

WALLACE ARTHUR BILLS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Dismissed. Marta I. Santon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Wallace Arthur Bills was convicted of special circumstance murder, burglary, and robbery in 1989. In 2019, he petitioned the trial court for resentencing under Penal Code section 1170.95.1 After issuing an order to show cause and appointing counsel for appellant, the trial court denied his petition, finding that appellant was not eligible for resentencing under section 1170.95. Appellant appealed. Citing People v. Wende (1979) 25 Cal.3d 436 (Wende), his appointed counsel filed an opening brief requesting that this court independently review the entire record on appeal for arguable issues. Following People v. Cole (2020) ___ Cal.Rptr.3d___, ___ Cal.App.5th ___ 2020 WL 4435275 (Cole), we conclude we are not obligated to do so and dismiss the appeal as abandoned. BACKGROUND I. Underlying Convictions Appellant was charged with special circumstance murder (§§ 187, subd. (a), 190.2, subd. (a)(17), count one),2 residential burglary (§ 459, count two), and robbery (§ 211, count three). It was further alleged that appellant personally used a knife during the commission of each count (§ 12022, subd. (b)) and personally inflicted great bodily injury on victim Irene Katherine Davis during the commission of counts two and three (§ 12022.7).

1All further statutory references are to the Penal Code unless otherwise indicated. 2The special circumstance alleged was that “[t]he murder

was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, . . . [r]obbery in violation of Section 211 or 212.5.” (§ 190.2, subd. (a)(17)(A).)