People v. Abella CA3

Filed 2/18/22 P. v. Abella CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C093844

Plaintiff and Respondent, (Super. Ct. No. 08F04720)

v.

FRANK ABELLA,

Defendant and Appellant.

When he was 17 years old, defendant Frank Abella killed a mentally and physically disabled man as the victim sat outside a store sipping coffee. (People v. Abella (Jan. 2, 2013, C066010) [nonpub. opn.) (Abella).)1 Defendant was tried as an adult; the jury found him guilty of murder, robbery, and torture. (Ibid.) The jury also found true that defendant had used a deadly weapon in connection with the murder and

We treated defendant’s request for judicial notice of the record in this previous appeal as a…