People v. Cramer CA2/2

Filed 4/7/23 P. v. Cramer CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B323998

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA026502) v.

ARMANDO VICENTE CRAMER,

Defendant and Appellant.

THE COURT:

Defendant and appellant Armando Vicente Cramer (defendant) appeals from the denial of his petition for vacatur of his murder conviction and for resentencing under Penal Code former section 1170.95, now section 1172.6.1 Defendant’s

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022,

appointed counsel found no arguable issues and filed a brief requesting that we exercise our discretion to conduct an independent review of the record according to the procedure set forth in People v. Wende (1979) 25 Cal.3d 436, or in the alternative, under the standard articulated People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Following the standard articulated Delgadillo, we consider defendant’s supplemental brief and conduct a limited review of the record. (See Delgadillo, at pp. 230–232.) Finding no merit to defendant’s appeal, we affirm the judgment. BACKGROUND In 1996, defendant was convicted of attempted murder, which the jury found to have been willful, deliberate, and premeditated. Defendant was also convicted of first degree residential burglary. The jury also found true the allegations that in the commission of both offenses, defendant personally used a firearm (§12022.5, subd. (a)) and personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a)). The trial court found true that defendant had committed a serious or violent felony, alleged pursuant to section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i), the Three Strikes Law, and a prior conviction alleged pursuant to section 667.5, subdivision (b). The court sentenced defendant to a total term of 34 years to life in prison. We affirmed the judgment in People v. Cramer (March 18, 1998, B102881) [nonpub. opn.].