People v. Jackson CA4/2

I.

INTRODUCTION

Defendant and appellant Bailey Lamar Jackson, Jr. appeals from a postjudgment 1 order denying his Penal Code section 1170.95 petition for 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. Because defendant is not entitled to Wende/Anders

review from denial of the challenged postjudgment motion, and neither he nor his counsel

has raised any claim of error in the denial, we dismiss his appeal as abandoned.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2004, a jury convicted defendant of first degree murder (§ 187, subd.

(a)), first degree burglary (§ 459), and first degree robbery (§§ 211, 215, subd. (a)) of

G.M. The jury found true the special circumstance allegations of robbery murder and

burglary murder (§§ 190.2, subd. (a)(17)(A), (G)). Defendant was also convicted of

attempted murder (§§…