People v. Clamp CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Summary Clamp’s briefing provides an extended summary of the evidence at trial. Because we conclude that Clamp’s appeal does not assert a proper basis for section 1172.6 relief, we only summarily recount the factual background of this matter. Stewart Skuba and Kristin Roberts lived in the same house along with other people. Roberts’s father and brother had also recently come to live in the house. Leading up to the night of July 20, 2009, Skuba told Roberts that a person was coming to the house and Skuba was going to use chloroform to “knock him out so they could jack him.” A person named Adam Hunt was present when Skuba made these comments. Elias Sorokin arrived at the house that night. Skuba asked Roberts to go upstairs while Skuba remained downstairs to “handle some business.” While upstairs, Roberts and another person with her heard sounds consistent with a fight coming from downstairs, where the home’s garage was located. Roberts’s brother also heard someone getting “beaten up downstairs.” Skuba later came upstairs sweating and looking “freaked out.” Roberts testified that Skuba later said he used chloroform on the person but it…