People v. Wiley CA4/2

INTRODUCTION

Defendant and appellant George Emanuel Wiley appeals from a

postjudgment order denying his petition for resentencing under Penal Code1

section 1172.6. His appellate counsel filed a brief under People v. Delgadillo

(2022) 14 Cal.5th 216 (Delgadillo), and defendant filed a supplemental brief. We

have reviewed the contentions defendant raised in his supplemental brief and

affirm the order.

PROCEDURAL BACKGROUND

A jury found defendant guilty of first degree murder (§ 187, subd. (a),

count 1); burglary (§ 459, count 2); two counts of attempted robbery (§§ 664/211,

664, counts 3 & 4); false imprisonment by violence (§ 236, count 5); driving a

vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a), count 6); and

being a felon in possession of a firearm (§ 12021, subd. (a); count 7). As to count

1, the jury found true that defendant was armed and personally used a firearm in

the commission of the murder. (§§ 12022, subd. (a)(1), 12022.5, subd. (a).) As to

counts 2 and 3, the jury found true that he personally inflicted great bodily injury

(GBI) upon the victim. (§ 12022.7.) The jury found not true the felony-murder

special circumstance allegations…