People v. Griffin CA4/1

California Court of Appeal Oct 25, 2022 No. D080475Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding no arguable issues on appeal after an independent review of the record. The defendant was ineligible for relief because he was convicted as the actual killer and the jury was not instructed on any theory of imputed malice.

Issues

Whether the trial court erred by considering the prior appellate decision in the record of conviction.
Whether the prosecutor's failure to file a response within 60 days warrants reversal.
Whether the trial court properly found the defendant failed to make a prima facie showing for relief under section 1172.6.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the trial court’s order.”

“In this particular case, it’s clear from the verdict forms also that the defendant was the actual shooter because the defendant was charged with and personally used a firearm and that was found to be true in the commission of the offense.”

Filed 10/25/22 P. v. Griffin CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080475

Plaintiff and Respondent,

v. (Super. Ct. No. SCD267344)

AARON GRIFFIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Affirmed. Daniel J. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. Aaron Griffin appeals from an order denying his petition to vacate his murder conviction and for resentencing under former Penal Code section

1170.95 (now section 1172.6).1 His appointed appellate counsel filed an opening brief raising no arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).) Griffin also filed a supplemental brief on his own behalf. We have independently reviewed the record and find no arguable issue

that would result in a modification or reversal of the trial court’s order. 2 Accordingly, we affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND On May 17, 2016, a shootout between two drivers at the intersection of Euclid and Market in San Diego left driver Jamar J. dead. Police identified the driver of the other vehicle as Griffin. Griffin was charged with first degree murder (§187, subd. (a)), assault with a semi-automatic firearm (§ 245, subd. (b)), and shooting at an occupied vehicle (§ 246). The information alleged that in the commission of these offenses, Griffin personally used a firearm (§ 12022.5, subd. (a)), personally and intentionally used a firearm (§ 12022.53, subd. (b)), and personally and

People v. Griffin CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080475

AARON GRIFFIN,

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