People v. Clark CA3

Filed 10/27/23 P. v. Clark CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098193

Plaintiff and Respondent, (Super. Ct. No. 02F07480)

v.

ERNEST ERASTUS CLARK IV,

Defendant and Appellant.

Defendant Ernest Erastus Clark IV appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 Appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and requesting we exercise our discretion to review the record for arguable

1 Undesignated statutory references are to the Penal Code. Defendant petitioned for resentencing under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 as section 1172.6 without substantive changes. (Stats. 2022, ch. 58, § 10.) We cite to section 1172.6 throughout this opinion.

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issues on appeal. Defendant filed a supplemental brief. Having considered the issues raised in defendant’s supplemental brief, we affirm. BACKGROUND “While driving under the influence of methamphetamine, defendant . . . caused a head-on collision resulting in serious bodily injury. One year later, again while driving under the influence of methamphetamine, he caused another head-on collision, this time killing two people and seriously injuring another. [¶] The jury found him guilty as charged of two counts of second degree murder (Pen. Code, § 187, subd. (a); counts 1 and 2), two counts of driving under the influence of a drug and neglecting a duty imposed by law which caused bodily injury (Veh. Code, § 23153, [former] subd. (a); counts 3 and 4), and misdemeanor hit and run. (Veh. Code, § 20002, subd. (a); count 5.) The jury found true the allegation on count three that defendant caused death and bodily injury to more than one victim. (Veh. Code, § 23558.) Defendant pled guilty to petty theft (§ 484, subd. (a), count 6) and was sentenced to an aggregate prison term of 32 years to life plus eight months. The court dismissed counts five and six.” (People v. Clark (July 18, 2006, C048285) [nonpub. opn.].)2 In 2019, defendant filed a prior petition for resentencing pursuant to section 1172.6. The trial court denied the petition and we affirmed. (People v. Clark (June 8, 2023, C091345) [nonpub. opn.].)3