People v. Pettus CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND3

On August 22, 1995, defendant and the victim left together for Las Vegas. Prior

to leaving, the victim had a large amount of cash. The victim’s body was found later that

1 All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.)

2 “If the defendant . . . files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion.” (Delgadillo, supra, 14 Cal.5th at p. 232.)

3 We take judicial notice of this court’s opinion from defendant’s appeal from the judgment. (People v. Pettus (Aug. 23, 2000, E025211) [nonpub. opn.] (Pettus); Evid. Code § 459.) Although we recount the facts as recited in Pettus, we are cognizant that Assembly Bill No. 200 limited the use of prior appellate opinions by trial judges ruling on section 1172.6 petitions in most instances to “‘the procedural history of the case recited.’ [Citation.]” (People v. Clements (2022) 75 Cal.App.5th 276, 292; accord…