People v. Martin CA4/2

I.

INTRODUCTION

Defendant and appellant Robert Albert Martin appeals from the trial court’s

postjudgment order denying his petition for resentencing of his second degree murder

conviction (Pen. Code,1 § 187, subd. (a)) under section 1172.6 (formerly

section 1170.95).2 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. After considering the arguments

raised in defendant’s supplemental brief and exercising our discretion to conduct an

independent review of the record, we affirm the trial court’s postjudgment order denying

defendant’s section 1172.6 petition. (Delgadillo, supra, 14 Cal.5th at pp. 231-232.)

1 All future statutory references are to the Penal Code.

2 This is defendant’s second appeal from the denial of his petition for resentencing of his murder conviction. This court had previously affirmed the denial, finding “because the prior opinion from defendant’s direct appeal shows he was convicted of murder as an actual…