People v. Terrell CA2/4

INTRODUCTION

Appellant Jamara Delvin Terrell appealed following the superior court’s denial of his resentencing petition under Penal Code former section 1170.95 (now § 1172.6).1 Appellant’s 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

The following facts about the initial offenses are from our nonpublished opinion affirming appellant’s conviction, People v. Terrell (Aug. 12, 1993, B053270). “In the early afternoon of February 3, 1988, Charles Vinson, who was repairing a vehicle, saw appellant, whom he knew as ‘Green Eyes,’ standing in a parking lot with another man. Vinson also saw the victim[,] Homer Webster[,] in the area. Vinson heard appellant or the other man say, ‘Let’s get the gold chain.’ Appellant appeared to check to see if his handgun was loaded. Webster went around the side of a building and toward its front. Appellant and the other man took separate routes around the building. “Hope Black was walking…