People v. Guthrie CA4/1

Filed 4/13/22 P. v. Guthrie CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D079176

Plaintiff and Respondent,

v. (Super. Ct. No. SCD258303)

IAN PATRICK GUTHRIE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Albert Harutunian III, Judge. Affirmed. Ian Patrick Guthrie, in pro. per; and Gene D. Vorobyov, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2016, a jury convicted Ian Patrick Guthrie and a codefendant of first

degree murder (Pen. Code,1 § 187, subd. (a)). The jury also found Guthrie had suffered a strike prior conviction (§ 667, subds. (b)-(i)) and a serious felony prior conviction (§ 667, subd. (a)(1)). The jury found true an

1 All further statutory references are to the Penal Code.

enhancement allegation that a principal discharged a firearm causing death (§ 12022.53). Guthrie was sentenced to an indeterminate term of 50 years to life in prison due to the strike prior. Guthrie appealed and this court affirmed the conviction in People v. Johnson et al. (2019) 32 Cal.App.5th 26. In 2020, Guthrie filed a petition for resentencing under section 1170.95. The court appointed counsel and received briefing. At one point the court issued an order to show cause (OSC), but later reconsidered the decision and withdrew it and denied the petition by written order. Guthrie 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. Counsel asks the court to review the record for error as mandated by Wende. We offered Guthrie the opportunity to file his own brief on appeal. Guthrie has responded by filing a supplemental brief. We will discuss his submission below.