People v. Jessee CA4/3

Filed 12/18/23 P. v. Jessee 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062392

v. (Super. Ct. No. 07ZF0009)

SANDRA MARIE JESSEE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Sandra Marie Jessee filed a petition for resentencing pursuant to 1 Penal Code section 1172.6. At the prima facie hearing on the petition, the trial court denied Jessee resentencing relief. Appointed counsel for Jessee filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case. Citing Delgadillo, counsel asked this court to conduct an independent review of the entire record. Jessee was given an opportunity to file a supplemental brief but did not do so. Under Delgadillo, we exercise our discretion to independently review the record and find no reasonably arguable issue. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 2011, a jury found Jessee guilty of conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a); count 1) and first degree murder (§ 187, subd. (a); count 2). As to count 2, the jury also found Jessee committed the murder for financial gain (§ 190.2, subd. (a)(1)). The trial court sentenced Jessee to a term of life without the possibility of parole. On direct appeal to this court, Jessee challenged only the restitution orders made by the trial court. (People v. Jessee (Nov. 25, 2013, G046881) [nonpub. opn.].) This court reversed one of the challenged restitution orders and otherwise affirmed the judgment. (Ibid.) In November 2022, Jessee filed a petition for resentencing pursuant to section 1172.6. After receiving Jessee’s petition, the trial court appointed counsel. The People filed a response to Jessee’s petition, arguing it should be denied, and Jessee’s counsel filed a brief along with corrections in support of the petition. The trial court conducted a prima facie hearing on the petition. After reviewing the briefs from both