People v. Russell CA4/1

California Court of Appeal Mar 22, 2021 No. D078167Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1170.95, holding that the defendant, as the sole participant in the victim's death, is ineligible for relief.

Issues

Whether the procedural protections under Wende and Anders extend to an appeal from a trial court’s order denying a petition under section 1170.95.
Whether the trial court erred in denying the defendant's petition for resentencing under section 1170.95.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Defendant was the sole participant in the death of the victim, during defendant’s commission of and escape from his felony residential burglary. The trial court did not err in denying his petition under section 1170.95.”

“Defendant’s claim that he should not have been found guilty of felony murder is not a basis for relief under section 1170.95.”

Filed 3/22/21 P. v. Russell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D078167

Plaintiff and Respondent,

v. (Super. Ct. No. SCN217314)

KARL JOSEPH RUSSELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Harry M. Elias, Judge. Affirmed.

Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General and A. Natasha Cortina, Deputy Attorney General, for Plaintiff and Respondent. A complete statement of facts in this case is contained in this court’s opinion, People v. Russell (2010) 187 Cal.App.4th 981, 984–987 (Russell I). Briefly, on the night of September 5, 2006, a shadowy figure was seen acting suspiciously outside Klaas and Golda Meurs’ residence in Oceanside. He was

observed to then enter the Meurses’ house. The residents of the house were not at home. Later, Carlsbad Police Sergeant Mickey Williams was in his marked patrol car when he observed the Meurses’ white Oldsmobile stopped at a red light. Defendant Karl Joseph Russell was driving it. Williams saw defendant rapidly accelerate before the light changed. A chase ensued and ended when defendant crashed the Oldsmobile into the side of a pickup truck driven by Rodrigo Vega. Vega was killed. When the officer approached defendant at the scene of the crash, defendant threatened him, stated he had a gun, and ran away. He was later found hiding at the side of an office building. PROCEDURAL STATEMENT On June 17, 2008, the District Attorney for San Diego County filed an amended information charging defendant with first degree murder in

People v. Russell CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078167

KARL JOSEPH RUSSELL,

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