People v. Latchison CA1/4

Filed 1/12/21 P. v. Latchison CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A158850 v. KENYATTA LATCHISON, (Solano County Super. Ct. No. FCR194512) Defendant and Appellant.

Kenyatta Latchison appeals from the summary denial of his petition for resentencing under Penal Code section 1170.95 (section 1107.95; all citations are to the Penal Code). Latchison’s appellate counsel has filed a brief that raises no issue for appeal and asks this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Appellate courts disagree whether an appeal from the summary denial of a section 1170.95 petition should be subject to Wende review. (Compare People v. Flores (2020) 54 Cal.App.5th 266, 269 with People v. Cole (2020) 52 Cal.App.5th 1023, 1028–1029, review granted Oct. 14, 2020, S264278.) We assume without deciding that Wende review is available in these proceedings. Having conducted that review, we affirm the order.

1

FACTUAL AND PROCEDURAL BACKGROUND The facts underlying Latchison’s convictions are summarized in People v. Latchison (Jan. 26, 2006, A108767) [nonpub. opn.] (Latchison I).1 In October 2001, two-year-old Aryanna H. died while in Latchison’s care. At trial, the prosecution presented evidence Aryanna’s death was caused by blunt force head injuries inflicted by Latchison. The defense presented expert testimony Aryanna died from a rare illness known as cortical venous thrombosis. In August 2004, the jury convicted Latchison of second degree murder (§ 187 subd. (a)) and assault on a child causing death (§ 273ab). (Latchison I, pp. 1–2.) On January 7, 2019, Latchison filed a pro per petition for resentencing under section 1170.95 and Senate Bill No. 1437. The People filed a response, arguing that Latchison failed to make a prima facie showing he was eligible for resentencing and pointing out to the court that “defendant was the actual killer.” On February 6, 2019, the superior court issued an order appointing counsel for Latchison and scheduling an initial hearing at which Latchison’s appearance was waived. On February 27, the matter was continued to afford defense counsel additional time to review the People’s response. At the continued hearing, held on March 1, defense counsel acknowledged that Latchison had been convicted of murder on a theory that he was the perpetrator of the crime. The trial court denied the resentencing petition, finding that Latchison failed to make a prima facie case for relief. On September 16, 2019, Latchison filed a pro per notice of appeal. On this notice, Latchison stated he was appealing an order that was “[a]llegedly”