Filed 4/6/22 P. v. Gater CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE,
Plaintiff and Respondent,
v.
DEMETRIUS D. GATER,
Defendant and Appellant.
| D079843
(Super. Ct. Nos. SCD178797, SCD160827) |
APPEAL from an order of the Superior Court of San Diego County, Eugenia A. Eyherabide, Judge. Affirmed.
Demertrius D. Gater in pro. per; and Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In 2006, Demetrius D. Gater was convicted of first degree murder (Pen. Code,[1] § 187, subd. (a)), attempted murder and deliberate, premeditated attempted murder (§§ 664 &187, subd. (a)); various firearm enhancements, a personal infliction of great bodily injury enhancement, and an allegation Gater was an active member of a criminal street gang were found true. Gater was sentenced to an indeterminate term of 75 years to life[2] plus a determinate term of 20 years in prison.
Gater appealed and this court affirmed the judgment in an unpublished opinion. (People v. Gater (Oct. 15, 2008, D050723) [nonpub. opn.].)
In 2021, Gater filed a motion to transfer his case to juvenile court for a fitness hearing (Welf. & Inst. Code, §§ 707 & 707.5). Gater alleged he was 17 years old during some of the crimes and under subsequent legislation he is entitled to remand for a fitness hearing.
The trial court denied the motion by written order. The court found Gater’s convictions were final years before subsequent legislation was enacted, thus, Gater was not entitled to retroactive application of such changes.
Gater filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Gater the opportunity to file his own brief on appeal. Gater has responded by filing a supplemental brief. We will discuss his submission below.
STATEMENTOF FACTS
The facts of the offenses are set forth in our prior opinion. The facts are not important in reviewing this appeal. We will not repeat the facts here.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review and incompliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court possessed the authority to transfer Gater’s criminal matter to juvenile court despite the fact that Gater’s case was final.
In his letter brief, Gater argues he is entitled to the benefit of Proposition 57 and legislation passed approximately eight years after his convictions had become final on appeal. He contends the fact his convictions were final before the legislative changes occurred makes him eligible for the application of such laws.
Gater also contends, the facts in the Appellant’s opening brief are wrong because he was not the killer and was not involved in the killing. Gater’s appeal was final in approximately 2008. Repeating his jury trial arguments and repeating his 2021 trial court claims of retroactivity do not give rise to any arguable issues for reversal on appeal.
We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Gater on this appeal.
DISPOSITION
The order denying Gater’s motion to transfer his case to Juvenile Court is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
O’ROURKE, J.
DO, J.
[1] All further statutory references are to the Penal Code unless otherwise specified.
[2] Gater’s sentence was later corrected to 82 years to life plus 20 years.
