Filed 12/24/19 P. v. Griffin 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

WADE GRIFFIN III,

Defendant and Appellant.

D076033

(Super. Ct. No. SWF020582)

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed.

Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

In 2010, a jury convicted Wade Griffin III of first degree murder (Pen. Code, § 187, subd. (a)) and found true alleged special circumstance of killing during the commission or attempted commission of rape and murder by lying in wait (§ 190.2, subds. (a)(15) and (a)(17), respectively).

Griffin was sentenced to prison for life without the possibility of parole. Griffin appealed the judgment.

In 2012, this court affirmed the judgment in full.

In 2019, Griffin filed a petition under section 1170.95 to have his first degree felony murder conviction vacated. After a hearing the court determined Griffin was the actual killer and that the lying in wait special circumstance true funding demonstrated Griffin had the intention to kill.

Griffin again filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Griffin the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

The facts of the underlying offense are set forth in our unpublished opinion in People v. Griffin (Jan. 27, 2012, D057967) [nonpub. opn.]. The facts from the opinion are contained in pages 88-92 of the supplemental Clerk’s Transcript which is part of the record in this case. We will not repeat the facts here.

DISCUSSION

As we have noted counsel has filed a Wende brief in this case. Counsel asks this court to review the record for error as mandated by Wende. To assist the court in its review of the record and as required by Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified several issues she considered in evaluating the merits of this appeal:

1 Whether Griffin was entitled to have his murder conviction vacated under section 1170.95;

2 Whether a true finding on a lying in wait special circumstance allegation precludes relief in this case; and

3. Whether a true finding on the felony murder special circumstance allegation precludes relief in this case.

We have reviewed the entire record as mandated by Wende and Anders. We have not identified any arguable issues for reversal on appeal. Competent counsel has represented Griffin on this appeal.

DISPOSITION

The order denying the petition for relief under section 1170.95 is affirmed.

HUFFMAN, J.

WE CONCUR:

BENKE, Acting P. J.

HALLER, J.