Opinion
B303384
12-14-2020
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY HUTCHINSON, Defendant and Appellant.
Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a). Los Angeles County Super. Ct. No. BA315200 APPEAL from a judgment of the Superior Court of Los Angeles County, William N. Sterling, Judge. Dismissed. Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
A jury convicted defendant and appellant Anthony Hutchinson of second degree murder. The jury also found true the allegations that a principal personally and intentionally discharged a firearm (Pen. Code, § 12022.53, subds. (b) & (c)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). The trial court sentenced Hutchinson to an indeterminate term of 15 years to life for the murder conviction, plus a determinate term of 20 years for one of the firearm enhancements (§ 12022.53, subd. (c)).
All undesignated statutory references are to the Penal Code.
The court did not impose additional time for the other firearm allegation or for the gang allegation. --------
In 2019, Hutchinson filed a petition for resentencing under section 1170.95. The People filed an opposition to the petition, and counsel for Hutchinson filed a reply to the People's opposition. The People filed a supplemental brief arguing section 1170.95 is unconstitional, and Hutchinson's attorney filed a reply to the People's supplemental brief. Hutchinson signed a waiver of personal appearance for the in-court hearing.
At the hearing, the court denied the petition, concluding Hutchinson failed to make a prima facie showing of entitlement to relief. In denying the petition, the court noted the jury convicted Hutchinson on the theory that he was a direct aider and abettor, the jury did not convict him under a felony-murder or natural and probable consequences theory of liability, and the jury was not instructed on either of those theories.
Hutchinson filed a timely notice of appeal, and we appointed counsel to represent him. On June 23, 2020, appellate counsel filed a brief raising no issues and asking us to review the record independently for arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Hutchinson did not respond to our letter advising him of his right to file supplemental briefing. We have no independent duty to review the record for reasonably arguable issues. (People v. Cole (2020) 52 Cal.App.5th 1023, 1028, 1039-1040, review granted Oct. 14, 2020, S264278.) We therefore dismiss Hutchinson's appeal as abandoned. (Ibid.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
CURREY, J.
We concur:
MANELLA, P.J.
COLLINS, J.