People v. Magee CA4/2

I.

INTRODUCTION

Defendant and appellant Duane Morris Magee appeals from a postjudgment order 1 denying his Penal Code section 1170.95 petition to vacate his second degree murder

conviction for killing his wife Velda and obtain resentencing under the procedures

established by Senate Bill Nos. 775 and 1437. Counsel has filed a brief under the

authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California

(1967) 386 U.S. 738 (Anders), 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 not done so. As defendant has failed to file a supplemental brief

raising any issues for our review, we shall dismiss the appeal.

II.

2

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and Velda met while in treatment for alcohol and substance abuse. In

early 2012, Velda’s adult daughter, G.N., moved in with them in their house on

Greystone Road in San Bernardino. (Magee I, supra, E070429, at p. 2.)

1 All future statutory references are to the Penal Code unless otherwise stated.

2 The factual background is taken verbatim from this court’s nonpublished…