P. v. Sutton

Filed 5/31/06 P. v. Sutton CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County.

Teri Schwartz, Judge. Appeal dismissed.

Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________

This is the latest of several attempts by Mark Anthony Sutton to have his convictions of first degree murder and attempted second degree murder set aside in the case entitled People v. Sutton (Super. Ct. L.A. County, 1989, No. A574517).

Sutton was convicted on April 27, 1989 as an aider and abettor to the crimes, of which, defendants Donald Dwayne Gathright and Joseph McCullin, who were tried together, were also convicted on November 8, 1988. The jury found Donald Gathraight was the actual shooter. Gathright and McCullin appealed, their convictions were affirmed, and their petitions for review in the Supreme Court were denied. Sutton also appealed and this court affirmed his convictions and his petition for review to Supreme Court was denied. (People v. Sutton (Nov. 13, 1991, B043629) S022965.)

On October 25, 2005, Sutton filed a third petition for writ of error coram nobis in Superior Court, asserting claims he had already unsuccessfully raised either by appeal and/or by earlier petitions for writ of error coram nobis. On November 10, 2005, the petition was denied.

This appeal followed. We appointed counsel to represent him on appeal.

After examination of the record, counsel filed an â€