People v. Collins CA1/5

Filed 1/31/24 P. v. Collins CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A168313 v. (Alameda County MICHAEL ELLIS COLLINS, Super. Ct. Nos. 161265, HC1612652) Defendant and Appellant.

Defendant (and appellant) Michael Ellis Collins appeals from an order denying his petition seeking resentencing under Penal Code section 1170.91, subdivision (b).1 His appellate counsel filed a brief that identified no arguable issues and asked us to conduct an independent review of the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Collins personally filed a supplemental brief. We have evaluated the arguments raised in Collins’s brief and have exercised our discretion to independently review the record for arguable issues. Finding no merit in Collins’s arguments and no arguable issue, we affirm the order.

1 All statutory references hereafter are to the Penal Code.

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I. FACTS AND PROCEDURAL HISTORY In 2010, a jury found Collins guilty of first-degree murder (§§ 187, 189). It also found true sentencing enhancement allegations that he used a deadly weapon (§ 12022, subd. (b)(1)) and had a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Collins to an indeterminate term of 27 years to life in state prison, including a one-year term for the prior prison enhancement. On appeal in 2011, we reversed Collins’s sentence for the prior prison enhancement but otherwise affirmed the judgment. (People v. Collins (Nov. 28, 2011, A128479) 2011 Cal.App.Unpub. Lexis 9037 [nonpub. opn.].) A. 2019 Resentencing Petition On July 22, 2019, Collins filed a petition for recall of his sentence and resentencing pursuant to section 1170.91, subdivision (b), seeking relief based on his alleged suffering from posttraumatic stress syndrome (PTSD), substance abuse, paranoid schizophrenia, and bipolar disorder as a result of his service in the United States military.2 In February 2021, the trial court denied his petition, finding no legal basis for relief because he received an indeterminate rather than a determinate sentence. On appeal, Collins’s counsel submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, finding no arguable issue. Collins did not file a supplemental brief and we dismissed the appeal, but we also observed that the trial court correctly