Opinion
E083454
10-04-2024
THE PEOPLE, Plaintiff and Respondent, v. DANIELLE ALEXANDRIA CUMMINGS, Defendant and Appellant.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County. No. FVI17002214 Tony Raphael, Judge. Affirmed.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
MENETREZ J.
Danielle Alexandria Cummings was convicted by a jury of murder and shooting at an inhabited dwelling. She appealed, and the Second District Court of Appeal affirmed in part, vacated in part, and remanded for resentencing. (People v. Mercado (Apr. 28, 2023, B322524) [nonpub. opn.] (Mercado).) She now appeals from the new judgment following resentencing. We appointed counsel to represent Cummings on appeal, and counsel filed an opening brief that raised no issues and requested an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738. We affirm.
BACKGROUND
In 2017, Cummings was charged with one count of murder (Pen. Code, § 187, subd. (a); undesignated statutory citations refer to this code) and one count of shooting at an inhabited dwelling (§ 246). Following a jury trial in 2019, Cummings was found guilty on both counts, and the trial court sentenced her to 25 years to life for the murder and the upper term of seven years for shooting at an inhabited dwelling. The court then stayed the seven-year term pursuant to the merger doctrine. Cummings appealed, and the Court of Appeal vacated the sentence for shooting at an inhabited dwelling and remanded the matter for resentencing, directing the trial court to consider section 654, Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567), and Assembly Bill No. 124 (20212022 Reg. Sess.) (Assembly Bill 124). (Mercado, supra, B322524.)
On remand and over the People's objection, the trial court conducted a full resentencing on both counts. As directed by the Court of Appeal, the trial court considered whether section 654, Senate Bill 567, and Assembly Bill 124 applied. The court found that the multiple victims exception precluded application of section 654. The court then sentenced Cummings to 25 years to life for the murder and the lower term of three years, stayed, for shooting at an inhabited dwelling. The court calculated that Cummings had 2,368 days of custody credit.
DISCUSSION
Cummings's appellate counsel filed a Wende brief identifying three potential arguable issues: (1) whether the trial court "properly reimpose[d] the original sentence of 25 years to life" on the murder count; (2) whether the trial court "properly determined that the multiple victims exception to Penal Code section 654 applied," so that the sentence for shooting at an inhabited dwelling was ordered to run concurrently rather than stayed; and (3) whether the trial court "otherwise properly determine[d] that Penal Code section 654 did not apply." Counsel asked that we conduct an independent review of the record. We advised Cummings that she had 30 days to file a personal supplemental brief, and we received no response.
We have independently reviewed the record and found no arguable error that would result in a disposition more favorable to Cummings. (Wende, supra, 25 Cal.3d. at pp. 441-442.) Accordingly, we affirm the judgment.
DISPOSITION
The judgment is affirmed.
We concur: MILLER Acting P. J. RAPHAEL J.