People v. Kelley CA4/3

Filed 7/11/23 P. v. Kelley CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061723

v. (Super. Ct. No. 07ZF0004)

LORNE PAUL KELLEY, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Alex Kreit, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2022, Lorne Paul Kelley filed a Penal Code section 1172.6 petition 1 seeking to dismiss his 2008 murder and attempted murder convictions. The trial court denied the petition at the prima facie stage. Without weighing the underlying facts, the court found Kelley as a matter of law “was convicted as the actual perpetrator who committed both the murder and attempted murder.” Kelley filed a notice of appeal. Appointed appellate counsel filed a brief raising no arguable issues. (See People v. Delgadillo (2022) 14 Cal.5th 216, 230 (Delgadillo); People v. Wende (1979) 25 Cal.3d 436 (Wende).) Kelley later filed a supplemental brief on his own behalf. In the interests of justice, this court has reviewed the record and found no arguable issues. (See Delgadillo, supra, 14 Cal.5th at p. 230 [“if the appellate court wishes, it may also exercise its discretion to conduct its own independent review of the record in the interest of justice”].) We will briefly address the issues Kelley raises in his supplemental brief. We affirm the order of the trial court.