People v. Jeffries CA3

Filed 6/9/23 P. v. Jeffries CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C092875

Plaintiff and Respondent, (Super. Ct. No. 12F01615)

v.

ANDREW JEFFRIES,

Defendant and Appellant.

Defendant Andrew Jeffries appeals from denial of his postconviction petition for relief under Penal Code section 1172.6.1 Counsel for defendant filed a brief seeking our independent review under People v. Wende (1979) 25 Cal.3d 436 to determine whether

1 Further undesignated statutory references are to the Penal Code.

Defendant filed his petition under section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) We will refer to the statute by its current number.

1

there are any arguable issues on appeal. Defendant also filed a supplemental brief in propria persona. Disagreeing with defendant’s claims of error, we will affirm. FACTUAL AND PROCEDURAL BACKGROUND We need not repeat the detailed recitation of the facts in our unpublished opinion on defendant’s direct appeal. (People v. Haven (Aug. 28, 2019, C074940) [nonpub. opn.].) Suffice it to say that in the early hours of March 28, 2012, defendant and his codefendant Robert Haven lured the victim to a remote area under the pretense that together they were going to steal a car, and then shot and killed the victim. (Ibid.) A jury found defendant guilty of first degree murder with the special circumstance of lying in wait. (§§ 187, subd. (a), 190.2, subd. (a)(15).) The jury found not true the allegation that defendant personally used a firearm (§ 12022.53, subd. (d)), but further found defendant guilty of possession of a firearm by a felon (§ 29800, subd. (a)(1)), domestic violence (§ 273.5, subd. (a)), possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and falsifying a document (§ 134). The trial court sentenced defendant to an indeterminate term of life in prison without the possibility of parole on the murder count, plus a consecutive determinate term of seven years on the remaining counts. (People v. Haven, C074940, supra.) In December 2019, defendant filed a form petition seeking resentencing under section 1172.6. He checked boxes on the form declaring that he was convicted of murder under the felony-murder rule or the natural and probable consequences doctrine and could not now be convicted of murder under the changes made to sections 188 or 189, effective January 1, 2019, because he was not the actual killer, did not act with intent to kill, and was not a major participant in the crime acting with reckless indifference to human life. Defendant also stated: “I have new evidence to provide 100% factual proof I had no involvement in this murder. I have filed all this evidence in Dept #41 of the Superior Court in my writ of habeas corpus. Everything is factual.” The trial court appointed counsel to represent defendant on his petition.