People v. Swan CA4/2

I.

INTRODUCTION

Defendant and appellant Marcus Anthony Swan appeals from a postjudgment

order denying his motion for relief due to discrimination pursuant to Penal Code

section 745, subdivision (a) (the Racial Justice Act) and motion for recall of his sentence

under Assembly Bill No. 600 (2023-2024 Reg. Sess.) (Stats. 2023, ch. 446). Appointed

counsel has filed a brief under the authority of People v. Delgadillo (2022) 14 Cal.5th

216 (Delgadillo), requesting this court to conduct an independent review of the record.

In addition, defendant has had an opportunity to file a supplemental brief with this court

and has done so. We have considered defendant’s arguments and affirm the trial court’s

potsjudgment order. (Delgadillo, supra, 14 Cal.5th at pp. 231-232.)

II.

FACTUAL AND PROCEDURAL BACKGROUND1

For years, beginning when she was six or seven years old, defendant sexually

molested and assaulted his stepdaughter, Jane Doe (Jane). When Jane was 16 years old,

she became pregnant and gave birth to a boy. (Swan I, supra, E071972.)

1 A summary of the factual background and part of the procedural background is taken from defendant’s direct appeal following his convictions…