People v. Smann CA4/1

California Court of Appeal Dec 6, 2022 No. D080056Unpublished

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Holding. The court affirmed the denial of the defendant's second petition for resentencing under Penal Code section 1172.6, finding no arguable issues after an independent review of the record.

Issues

Whether the court should conduct an independent review of the record pursuant to People v. Wende.
Whether the trial court erred in its summary denial of the petition.
Whether the jury's findings on special circumstances and conspiracy rendered the defendant ineligible for relief as a matter of law.

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.”

“Accordingly, we affirm the trial court’s order.”

“The order denying Smann’s petition for resentencing under section 1172.6 is affirmed.”

Filed 12/6/22 P. v. Smann 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080056

Plaintiff and Respondent,

v. (Super. Ct. No. SCD131901)

MON SMANN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Eugenia A. Eyherabide, Judge. Affirmed. Kimberly J. Grove; and Anna Jauregui-Law, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Mon Smann appeals an order denying his second 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).) Smann 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 Smann was convicted in 2001 of two counts of first degree murder (§ 187, subd. (a)) and one count of conspiracy to commit murder (§ 182, subd. (a)(1)) based on the killing of two young men who were found dead on the grounds of a high school in 1992 with multiple gunshot wounds. Both men were shot below their right ears and a ligature was found around the neck of one man. The jury made true findings that Smann was armed with a firearm in commission of the murders (§ 12022, subd. (a)(1)) and on special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)). On direct

People v. Smann CA4/1

AI Brief

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080056

MON SMANN,

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