People v. Shaw CA4/3

Filed 8/11/23 P. v. Shaw 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062140

v. (Super. Ct. No. 95CF0956)

ANTHONY GERAN SHAW, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Anthony Geran Shaw filed a petition for resentencing pursuant 1 to former Penal Code section 1170.95. The trial court found Shaw ineligible for relief at the prima facie hearing and denied the petition. Appointed appellate counsel for Shaw filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and asked this court to exercise its discretion by conducting an independent review of the record. Citing Anders v. California (1967) 386 U.S. 738, appellate counsel also identified a potential issue to assist in this review. Although Shaw was provided 30 days to file written argument on his own behalf, he did not do so. Exercising our discretion, we have examined the entire record and find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 1996, a jury found Shaw guilty of second degree murder (§ 187, subd. (a)) and found it to be true Shaw had personally used a firearm during the commission of the murder (§ 12022.5, subd. (a)). After a bench trial, the trial court found Shaw had previously suffered five felony convictions for robbery (§ 667, subds. (d) & (e)(2)). The trial court imposed a total sentence of 55 years to life. On direct appeal to this court, the judgment was affirmed. (People v. Shaw (Jan. 27, 1998, G019837) [nonpub. opn.].) In June 2022, Shaw filed a petition for resentencing pursuant to section 1172.6. Counsel was appointed at his request. The People filed a response arguing the petition should be denied and counsel for Shaw filed a brief in support of the petition. At the prima facie hearing on the petition, both parties submitted on their briefs and the trial