People v. Spencer CA4/1

Filed 4/12/21 P. v. Spencer CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D078136

Plaintiff and Respondent,

v. (Super. Ct. No. SCE257643)

JULIE LYNN SPENCER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniel G. Lamborn, Judge. Affirmed. Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In March 2007, a jury convicted Julie Lynn Spencer of second degree

murder (Pen. Code,1 § 187, subd. (a)); robbery with the use of a knife (§§ 211, 12022, subd. (b)(1)); attempted arson (§§ 664 & 451, subd. (a)); cruelty to an adult with great bodily injury (§§ 368, subd. (b)(1) & 12022.7, subd. (c));

1 All further statutory references are to the Penal Code.

caretaker theft (§ 368, subd. (e)); false imprisonment of a dependent adult (§ 368, subd. (f)); and two counts of forgery (§ 470, subd. (d)). Spencer was sentenced to an indeterminate term of 15 years to life plus two years in prison. Spencer appealed and this court affirmed her conviction in an unpublished opinion. (People v. Spencer (July 31, 2008, D051183) [nonpub. opn.].) In 2019, Spencer filed a form petition for resentencing under section 1170.95. The trial court appointed counsel, received briefing from the parties, reviewed the record of conviction and considered this court’s prior opinion. After reviewing the material, the court found the record established Spencer acted alone and was the actual killer of the victim. The court found Spencer had not demonstrated a prima facie case for relief under section 1170.95 and denied Spencer’s petition for resentencing. Spencer filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal and asks the court to review the record for error as mandated by Wende. We offered Spencer the opportunity to file her own brief on appeal, but she has not responded. STATEMENT OF FACTS The facts of the offenses are fully set forth in our prior opinion. Appellate counsel has included a summary of the facts from our opinion. We incorporate it here for convenience. On December 10, 2005, Spencer attacked Parks in his mobile home. She punched and kicked him, cut him, bound him with a vacuum cord and