People v. Cull CA4/1

INTRODUCTION

Daryl Cull appeals an order denying his petition to vacate his attempted murder conviction and for resentencing under Penal Code section 1172.6.1 His appointed appellate counsel filed an opening brief requesting review under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). After we issued a Delgadillo order notifying Cull of his right to file a supplemental brief, he did so. We conclude Cull failed to identify any arguably meritorious issues for appeal and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1999, a jury convicted Cull of premeditated attempted murder (§§ 664/187, 189), torture (§ 206), assault with a semi-automatic firearm (§ 245, subd. (b)), battery with serious bodily injury (§ 243, subd. (d)), and assault with a deadly weapon or force likely to cause great bodily injury (§ 245, former subd. (a)(1), amended by Stats. 2011, ch. 183, § 1). The jury also found true various allegations related to the attempted murder charge, including that Cull personally discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The court sentenced Cull to an indeterminate…