P. v. De Los Santos
A jury found defendant Rudy De Los Santos guilty of first degree murder. The jury did not find the firearm enhancement under Penal Codesection 12022.53, subdivision (d) to be true. (Unless otherwise indicated, all statutory references are to the Penal Code.) He was sentenced to 25 years to life in state prison.
Court appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendants behalf. We have examined the record and found no arguable issue. (People v. Wende (1979) 25 Cal.3d 436.)
Counsel stated defendant personally requests that the court address six issues: 1) whether there was substantial evidence defendant was the shooter; 2) whether there was substantial evidence to convict defendant under an aiding and abetting theory; 3) whether defendant was deprived of due process when court permitted in-court identification; 4) Whether it was error to grant a witness immunity; 5) whether it was error to permit a witness to invoke the right to remain silent in the presence of the jury; 6) whether the court erred in instructing the jury.
Defendant filed a hand printed supplemental brief of his own on June 8, 2007. He states in his brief: I am not sure if Im doing this right but Im trying can you please send a copy to my lawyer Im trying this is my life Im an innocent man not an angel but innocent man thank you for your time. In his brief, defendant claims he received ineffective assistance of counsel because his trial lawyer failed to request a lineup, there is a lack of substantial evidence he shot the victim and that a witness gave false testimony.
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