People v. Allen CA2/2

Filed 4/21/21 P. v. Allen CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B305715

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA356413) v.

ERIC GERARE ALLEN,

Defendant and Appellant.

THE COURT:

Defendant and appellant Eric Gerare Allen (defendant) appeals from the trial court’s denial of his Proposition 57 motion to transfer his case to the juvenile court. His appointed counsel filed a brief raising no issues and asked this court to treat this appeal as it would when such a brief is filed pursuant to People v. Wende (1979) 25 Cal.3d 436, by conducting an independent review for arguable issues. Where appointed counsel finds no arguable issues in an appeal seeking postjudgment relief, the

appellate court is not required to conduct such an independent review of the record. (People v. Cole (2020) 52 Cal.App.5th 1023, 1039-1040, review granted Oct. 14, 2020, S264278; see People v. Serrano (2012) 211 Cal.App.4th 496, 503.) However, we do review a defendant’s contentions or arguments if he files his own supplemental brief or letter. (People v. Cole, supra, at p. 1039.) Appointed counsel notified defendant of the court’s policy, and defendant has filed a supplemental brief. We thus review the contentions and arguments contained in defendant’s supplemental brief. In 2012, defendant was convicted of one count of first degree murder; two counts of attempted murder committed willfully, deliberately, and with premeditation; and one count of making criminal threats. Defendant, who was 15 years old at the time of the crime, was initially sentenced to a total term of 107 years to life in prison. On appeal, the sentence was found to be the equivalent of life without parole and prohibited under the Eighth Amendment to the United States Constitution. We reduced the sentence to 50 years to life, but otherwise affirmed the judgment. (See People v. Childress (Sept. 4, 2013, B238241) [nonpub. opn.].) On July 16, 2018 defendant filed a petition for writ of habeas corpus in superior court, seeking a “Franklin hearing”1 and resentencing to 15 years to life due to Proposition 57. On December 7, 2018 defendant’s petition was denied as to resentencing but granted as to a Franklin hearing, and the matter was returned to the original trial court for such hearing. During the course of the hearing defense counsel sought to have