People v. Dunn CA4/1

STATEMENT OF FACTS

The facts of the underlying offense are set forth in our prior opinion. We will not repeat them here. (People v. Dunn, supra, D070810.)

We grant Dunn’s request to take judicial notice of our records in case No. D070810.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issues that were considered in evaluating the potential merits of this appeal. 1. Whether Dunn was found guilty of felony murder or natural and probable consequences murder, if not, whether section 1170.95 applies. 2. Whether the trial court may rely on the record of conviction to support its determination that Dunn is not statutorily eligible for section 1170.95 relief because he acted with implied malice and whether any error in considering the underlying record at the prima facie stage was harmless in light of the absence of any jury instruction that would have permitted a murder conviction on a theory invalidated by Senate Bill No. 1437. In his supplemental…