People v. Anderson CA1/3

Filed 10/30/23 P. v. Anderson CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A165991 v. CHRISTPHER BLAKE (Napa County ANDERSON, Super. Ct. No. CR7306A) Defendant and Appellant.

MEMORANDUM OPINION1 Christopher Blake Anderson appeals from the denial of his petition for resentencing pursuant to Penal Code section 1170.95, now section 1172.6.2 A

1 We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1. 2 All further statutory references are to the Penal Code. While this appeal was pending, section 1170.95 was renumbered to section 1172.6. (Stats. 2022, ch. 58, § 10; see People v. Strong (2022) 13 Cal.5th 698, 708, fn. 2.) As such, we will refer to section 1172.6, but we will continue to refer to section 1170.95 as necessary, since section 1170.95 was the correct statutory designation at the time of the underlying proceedings and since the parties and the trial court below referred to that statute.

1

jury found Anderson guilty of two counts of first degree murder and two counts of first degree robbery in 1988. (§§ 187, 211.) The jury also found true enhancement allegations as to all counts that Anderson personally used a firearm and that a principal was armed with a firearm. (§§ 12022, subd. (a), 12022.5.) The court sentenced Anderson to concurrent terms of 25 years to life for the murder counts, plus consecutive two-year terms for the personal use of firearm enhancements. Division Two of this court affirmed his convictions in 1991. (People v. Anderson (1991) 233 Cal.App.3d 1646, 1667.) After Anderson filed his section 1170.95 petition, the resentencing court appointed counsel and issued an order to show cause after the parties stipulated to a prima facie showing. At the hearing on the petition, the parties did not present any new evidence, but submitted specific portions of the trial transcript to the court to review. The parties also stipulated as follows: the victims were killed by gunshots to the head on December 2, 1986 in Placer County; Kenneth Lee, not Anderson, was the actual killer who fired those shots; and neither victim was a peace officer. The court ultimately denied the petition for resentencing. Though the court did not find beyond a reasonable doubt that Anderson acted with intent to kill, the court found beyond a reasonable doubt that Anderson was a major participant in the robbery and acted with reckless indifference to human life. Anderson appealed, and his counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Counsel set forth a statement of the case, raised no issues, and requested that we exercise our discretion to independently review the record for error. Counsel and this court informed Anderson of the opportunity to file a supplemental brief, which he has done. Anderson argues the court erred in denying his petition because substantial evidence did not support the court’s conclusion that he acted with reckless