People v. O'Neal CA2/4

INTRODUCTION

Appellant Jarrod Lee O’Neal appealed following the superior court’s denial of his resentencing petition under Penal Code former section 1170.95 (now § 1172.6).1 Appellant’s appointed counsel filed a brief on appeal raising no issues and invoking People v. Wende (1979) 25 Cal.3d 436 (Wende). Because neither appellant nor his counsel raised a cognizable claim of error, we dismiss the appeal as abandoned. (People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano).)

FACTUAL AND PROCEDURAL BACKGROUND

We take the underlying facts from opinion affirming the underlying judgment, People v. O’Neal (Oct. 29, 1998) B112806 (nonpub. opn.)2: “On June 4, 1995, Willie Bullins, appellant’s brother, was leaving his apartment in Long Beach when six ‘guys,’ including Reginald Ford, Barry Moore, and Robert Hollie, confronted him. They demanded some property belonging to Ruthie Siverand, Moore’s sister and Hollie’s ex-wife. When Bullins denied that he had the property, the men hit him, grabbed him by the ankles, and tried to throw him over a second-story railing. Bullins then told them that he would take them to the property, and he led them to another apartment complex where appellant was…