People v. Marr CA2/6

Filed 7/31/23 P. v. Marr CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B325667 (Super. Ct. No. PA043262) Plaintiff and Respondent, (Los Angeles County)

v.

EDMOND JAY MARR,

Defendant and Appellant.

Edmond Jay Marr appeals the order of the trial court denying his petition for resentencing pursuant to Penal Code section 1170.91, subdivision (b).1 We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed his own supplemental brief, in propria persona. We affirm.

1 All further statutory references are to the Penal Code.

Procedural Background2 In March 2005, appellant pleaded guilty to the March 1983 second degree murder of Elaine Graham and admitted that he personally used a knife in committing the murder. (§§ 187, subd. (a), 12022, subd. (b).) The trial court sentenced appellant to 16 years to life and imposed an additional year pursuant to section 12022, subdivision (b). We affirmed the conviction with modifications in a nonpublished opinion. (People v. Marr, supra, B182366.) In August 2022, appellant filed a petition for resentencing pursuant to section 1170.91, subdivision (b) based on health conditions due to his military service from July 1981 to March 1983. In his form petition, appellant stated that as a result of his military service, he may be suffering from traumatic brain injury, post-traumatic stress disorder, substance abuse, and mental health problems such as anxiety, depression, and seizure disorder. He also stated that he was sentenced before January 1, 2015, and when he was sentenced, “the judge did not consider health conditions resulting from petitioner’s military service as a factor in deciding the sentence.” The trial court denied appellant’s petition. In its ruling, the trial court stated that appellant was “ineligible for resentencing as section 1170.91 does not apply to life sentences. Section 1170.91 applies only to determinate sentences imposed pursuant to Penal Code section 1170, [subdivision (b)].” The trial court also denied the petition because it was “repetitive in that a