People v. King CA4/2

INTRODUCTION

In 1997, a jury convicted defendant and appellant Jesse Stephen King of one count

of first degree murder (Pen. Code,1 § 187, subd. (a)) and found true the allegation that he

personally used a firearm in the commission of the offense (former § 12022.5, subd. (a)).

A trial court sentenced him to a total term of 35 years to life in state prison.

Approximately 22 years later, defendant filed a petition for resentencing under

section 1170.95, which the court denied. Defendant did not appeal that denial and the

order of the court became final. Over one year later, defendant filed a motion to

reconsider the petition. The court denied the petition again.

Defendant filed a notice of appeal. Counsel has filed a brief under the authority of

People v. Wende (1979) 25 Cal.3d 436. We dismiss.

FACTUAL BACKGROUND

At trial, the prosecutor argued that the evidence showed defendant went to the

victim’s residence to purchase drugs and see his friend. After letting the defendant come

inside, the victim then told defendant to leave. Defendant left but turned around and

went back to the victim’s residence. He knocked on the door. The victim looked through

the peephole,…