People v. Dunn CA4/1

DISCUSSION

We have not included a statement of facts from the underlying offense as presented at trial. Our first opinion included a summary of the facts of the offense and no further discussion of the facts is warranted at this point. Appellate counsel has submitted a brief statement of possible issues in an effort to comply with Anders v. California (1967 ) 386 U.S. 738 (Anders). 1. Whether Dunn was convicted under any theory of murder in which malice was imputed to him based solely on his participation in the crime. 2. Whether Dunn’s second petition under section 1172.6 was barred by collateral estoppel given the affirmance of the first order denying relief. We have reviewed the record for error and have considered Dunn’s statement of issues as well as counsel’s list of Anders issues. We have not discovered any potentially meritorious issues for reversal on appeal. Competent counsel has represented Dunn on this appeal.

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DISPOSITION

The order denying Dunn’s second petition for resentencing under section 1172.6 is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

CASTILLO, J.

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