People v. Westby CA2/4

INTRODUCTION

Appellant Justin Westby was convicted by a jury of two counts of murder and one count of attempted murder; the jury found firearm allegations true. The court sentenced Westby to two terms of life without parole, a consecutive term of seven years to life, and additional consecutive terms based on the firearm allegations. Westby appealed. On appeal, appellant’s appointed counsel filed a brief and a supplemental brief requesting that this court independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436, 441 (Wende).) Westby also filed a supplemental brief. We have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The People charged Westby with the murder of Delroy Anthony Bogle (Pen. Code, § 187, subd. (a), count 11), the murder of Marcus Anthony Blackman (§ 187, subd. (a), count 2), and the attempted, willful, deliberate, premeditated murder of M.C.2 (§§ 187, subd. (a), 664, subd. (a), count 4.3) The information further charged a multiple murder special circumstance (§ 190.2, subd. (a)(3)), and firearm enhancements for all counts (§…