P. v. Clark CA3
Defendant Kevin Clark appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95 as to his conviction for first degree murder. In a multi-faceted argument encompassed by a single heading, defendant contends the trial court erred in (1) finding him ineligible for relief as a matter of law, as he made a prima facie showing of eligibility; (2) engaging in improper factfinding; and (3) not giving him an opportunity to file a supplemental brief in propria persona after his counsel filed a supplemental brief purporting to be filed pursuant to People v. Wende (1979) 25 Cal.3d 436 in the trial court.
The Attorney General responds that the record of conviction establishes that defendant was convicted of murder as the actual killer or as a direct aider and abettor and is therefore ineligible for relief. He adds the trial court was not required to allow defendant to file a brief in propria persona and that any error was harmless.
Comments on P. v. Clark CA3