People v. Schockner CA2/7

Filed 4/27/21 P. v. Schockner CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B307351

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA063580-02) v.

MANFRED SCHOCKNER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. Ellen M. Matsumoto, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ___________

Manfred Schockner appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95.1 No arguable issues were identified by Schockner’s appointed appellate counsel after her review of the record. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Schockner in a supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The evidence at Schockner’s 2007 trial for the murder of his wife Lynn established that Schockner had hired Frankie Fidel Jaramillo to arrange for the crime and, at Schockner’s direction, Jaramillo hired Nicholas Alexander Harvey to kill Lynn and to stage the murder to look like it had occurred during a burglary. Harvey killed Lynn on November 8, 2004 but was taken into custody by the police as he was attempting to flee. On September 7, 2007 the jury found Schockner guilty of first degree murder (§ 187, subd. (a)), and found true the special- circumstance allegation pursuant to section 190.2, subdivision (a)(1), that the murder “was intentional and was carried out, aided and abetted, solicited, requested, assisted by the defendant for financial gain.” The trial court sentenced Schockner to an indeterminate state prison term of life without parole. We affirmed the judgment on appeal. (People v. Schockner (Nov. 8, 2010, B204578) [nonpub. opn.].) On June 5, 2020 Schockner, representing himself, filed a petition for resentencing under section 1170.95 and asked the superior court to appoint counsel to represent him. In his petition Schockner asserted his conviction was “based on false