People v. Mack CA2/4

INTRODUCTION

In 2006, a jury convicted defendant Timony Mack of three counts of first degree murder arising out of two separate incidents: the killing of Norman Fields on April 17, 2000, and the killings of Howard and Jontrae Byrdsong on June 6, 2001. The jury found true the special circumstance allegations that the Fields murder was committed by lying in wait, that the Byrdsong murders were committed for financial gain and to prevent a witness from testifying, and that Mack was convicted of multiple murders. In 2023, Mack filed a petition for resentencing of his conviction pursuant to Penal Code section 1170.95 (1172.6).1 The trial court summarily denied the petition. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Mack submitted his own letter brief. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2006, a jury convicted Mack of three counts of first degree murder (§ 187, subd. (a)) arising out of two separate incidents: the killing of Norman Fields on April 17, 2000 (count…