People v. Charles CA4/3

Filed 8/11/23 P. v. Charles 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061784

v. (Super. Ct. No. 94NF2611)

EDWARD CHARLES III, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Edward Charles III filed a petition for resentencing pursuant to 1 former Penal Code section 1170.95. At the prima facie hearing on the petition, the trial court found Charles ineligible for relief as a matter of law and denied the petition. Appointed appellate counsel for Charles filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, setting forth the facts of the case. Appellate counsel also asked this court to conduct an independent review of the record. Charles was provided an opportunity to file a supplemental brief but did not do so. Exercising our discretion, we have examined the entire record and we find no reasonably arguable issue. (People v. Delgadillo (2022) 14 Cal.5th 216, 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 1996, a jury found Charles guilty of one count of first degree murder (§ 187, subd. (a); count 2) and two counts of second degree murder (§ 187, subd. (a); counts 1 and 3). The jury also found true the multiple murder special circumstance (§ 190.2, subd. (a)(3)). Charles was sentenced to death on January 15, 1999. On direct appeal to the California Supreme Court, the judgment was affirmed. (People v. Charles (2015) 61 Cal.4th 308.) In April 2022, Charles filed a petition for resentencing pursuant to section 1172.6. Counsel was subsequently appointed at his request. The People filed a response to the petition arguing it should be denied and counsel for Charles filed a brief in support of the petition. At the prima facie hearing on the petition, both parties submitted on their briefs. After a consideration of the briefs and the record of conviction, the trial court