Opinion
A170561
09-26-2024
THE PEOPLE, Plaintiff and Respondent, v. ZENAWE MEHARI, Defendant and Appellant.
NOT TO BE PUBLISHED
(Alameda County Super. Ct. 142790)
BROWN, P. J.
On January 11, 2005, Defendant Zenawe Mehari was convicted of attempted murder pursuant to a plea deal. In late 2022, defendant filed a petition for resentencing pursuant to Penal Code section 1172.6, which the court ultimately denied after an evidentiary hearing.
All undesignated statutory references are to the Penal Code.
Defendant's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) summarizing the facts and asking this court to independently review the record to identify any issues warranting relief. Defendant was advised of his right to file a supplemental brief, but failed to do so.
Because this appeal arises from the denial of a petition for postconviction relief rather than a direct appeal, this brief should have been filed pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, 222 (Delgadillo) rather than Wende. Although we could perhaps dismiss the appeal because defendant has failed to file a supplemental brief after being informed of the opportunity to do so (Delgadillo, at p. 222), we conduct an independent review and affirm the judgment.
DISCUSSION
As relevant here, defendant pled to and was convicted of one count of attempted murder on January 11, 2005. Defendant filed a petition for resentencing on September 12, 2022, after which the court appointed him counsel and set a briefing schedule.
The prosecution's initial brief conceded that defendant had made a prima facie showing and was entitled to an evidentiary hearing under section 1172.6, subdivision (d)(3). The court found that a prima facie showing had been made and ordered further "evidentiary" briefing from both sides.
The prosecution thereafter submitted its brief opposing the petition and proffering transcripts showing that defendant was the "sole actor" involved in an array of crimes that included his pointing a gun at a woman's head and pulling the trigger, with her life spared only because the gun "jammed." The court denied the petition, finding that the prosecution had proven beyond a reasonable doubt that defendant had pointed a loaded gun at the victim's head and that she was not killed only "by the grace of some other deity."
Having exercised our discretion to conduct an independent review of the record, we agree with the trial court's assessment of the petition and evidence, and we find no issues requiring further briefing.
DISPOSITION
The judgment is affirmed.
WE CONCUR: STREETER, J. GOLDMAN, J.