People v. Tittle CA4/1

Filed 4/12/21 P. v. Tittle CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, FOURH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077928

Plaintiff and Respondent,

v. (Super. Ct. No. SCD176296)

DARRELL JAMES TITTLE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed.

Bruce L. Kotler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. In October 2004, a jury convicted defendant Darrell James Tittle of

voluntary manslaughter (Pen. Code,1 § 192) among other offenses. In January 2019, defendant filed a petition for resentencing pursuant to section

1 All further statutory references are to the Penal Code.

1170.95. On August 3, 2020, the court denied the petition, finding defendant was statutorily ineligible because he had not been convicted of murder. Defendant appealed. Unable to identify any arguable issues, appellate counsel has sought independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Affirmed. FACTUAL BACKGROUND This summary is taken from defendant’s direct appeal in People v. Tittle (May 5, 2006, D045845) [nonpub. opn.] (Tittle I). Defendant has requested we take judicial notice of that opinion and we grant his request.

Defendant and codefendant Na’il Downey,2 then members and associates of a Lincoln Park street gang, were stepbrothers by marriage. On June 15, 2003, they traveled to Mission Bay Park in San Diego to meet up with other gang members and attend a festival. When they arrived, they saw people there who were associated with a rival gang, the Skyline Pirus. Defendant and Downey walked quickly toward the rival gang members where they exchanged hostile and derogatory words. One Skyline member punched defendant in the face after a soda can was thrown at that member. The gangs then exchanged blows. (Tittle, supra, at