People v. Mauldin CA4/1
Opinion
Opinion
Rubin, J.
INTRODUCTION
Charles James Mauldin appeals from an order denying his petition for
resentencing under Penal Code,1 section 1172.6. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and
Undesignated statutory references are to the Penal Code. Mauldin filed a supplemental brief. We find no reasonably arguable appellate issues and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 1980, a jury convicted Mauldin of first degree murder. (§ 187.) The jury also found Mauldin personally used a firearm while he committed the murder. (§ 12022.5.) Mauldin was sentenced to two years plus 25 years to life. This court affirmed the judgment in the direct appeal. (People v. Mauldin (Jul. 22, 1981, 4 Crim. No. 11930) [nonpub. opn.].) In October 2022, Mauldin filed a section 1172.6 petition for resentencing. After appointment of counsel and briefing by the parties, the superior court issued a written decision denying the petition. The court found Mauldin failed to state a prima facie claim for relief under section 1172.6, because the record of conviction established Mauldin as the actual killer.