People v. Powers CA4/1

Filed 11/21/22 P. v. Powers CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080571

Plaintiff and Respondent,

v. (Super. Ct. No. RIF10001948)

NATHAN LEE POWERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. Nathan Powers, in pro. per.; and Kimberly J. Grove, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2013, a jury convicted Nathan Powers of second degree murder (Pen.

Code,1 § 187) and found true an allegation that he personally and intentionally discharged a firearm causing death or great bodily injury

1 All further statutory references are to the Penal Code.

(§ 12022.53, subd. (d)). Powers was sentenced to an indeterminate term of 15 years to life for murder plus 25 years to life for the firearm enhancement. Powers appealed and this court affirmed the judgment in an unpublished opinion. (People v. Powers (Aug. 28, 2015, D068043).) In April 2022, Powers filed a petition for resentencing under section 1170.95 (now renumbered 1172.6). The court appointed counsel and held a hearing. The prosecutor requested dismissal stating, “It’s our motion for the Court to deny the petition at this point. Appellate opinion and jury instructions are both in imaging. The defendant was found guilty of attempted murder [sic] for shooting the victim during a rap video. He says he shot the victim in self-defense. There’s no instruction on aiding and abetting, felony murder, or natural and probable consequences given.” Defense counsel advised the court that the prosecutor’s representations were accurate. Based on the record, as agreed by counsel, the court found Powers had not stated a prima facie case for relief under section 1172.6. Powers appealed the order denying his petition. 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 Powers the opportunity to file his own brief on appeal. He has responded with a supplemental letter