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People v. Massett

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 16, 2017
D070697 (Cal. Ct. App. Feb. 16, 2017)

Summary

In People v. Massett (7 N.Y. Supp. 839), relied upon by the appellant, it is clear that if any crime was committed it was committed by the three persons acting together, and it was held that an acquittal of the two was inconsistent with the conviction of the third, and the conviction was, therefore, set aside.

Summary of this case from People v. Munroe

Opinion

D070697

02-16-2017

THE PEOPLE, Plaintiff and Respondent, v. DONNIE J. MASSETT, Defendant and Appellant.

Lindsey M. Ball, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCN337293-1) APPEAL from a judgment of the Superior Court of San Diego County, K. Michael Kirkman, Judge. Affirmed. Lindsey M. Ball, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Donnie J. Massett entered into a plea agreement under which he pleaded guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted the gang enhancement (§ 186.22, subd. (b)(1)). The parties stipulated to a determinate term of 16 years. Massett was sentenced to a 16-year term in accordance with the plea agreement.

All further statutory references are to the Penal Code unless otherwise specified. --------

Massett filed a timely notice of appeal and obtained a certificate of probable cause. (§ 1237.5.)

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

STATEMENT OF FACTS

The facts are taken from the stipulation which accompanied the change of plea. Massett, together with two codefendants, killed another person in association with a street gang.

DISCUSSION

As we have noted, appellate counsel has not identified any reasonably arguable issues for reversal on appeal and asked this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Counsel has complied with the mandate of Anders v. California (1967) 386 U.S. 738 (Anders), and has identified the following possible issues to assist this court in its review of the record:

1. Whether the court sentenced Massett in accordance with the plea agreement; and

2. Whether there was a sufficient basis for the gang enhancement allegation.

We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not identified any reasonably arguable issues for reversal on appeal. Competent counsel has represented Massett on this appeal.

DISPOSITION

The judgment is affirmed.

/s/_________

HUFFMAN, J. WE CONCUR: /s/_________

McCONNELL, P. J. /s/_________

NARES, J.


Summaries of

People v. Massett

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 16, 2017
D070697 (Cal. Ct. App. Feb. 16, 2017)

In People v. Massett (7 N.Y. Supp. 839), relied upon by the appellant, it is clear that if any crime was committed it was committed by the three persons acting together, and it was held that an acquittal of the two was inconsistent with the conviction of the third, and the conviction was, therefore, set aside.

Summary of this case from People v. Munroe

In People v. Massett, 27 N.Y. St. Repr. 580, the defendant was jointly indicted with two others for robbery in the first degree.

Summary of this case from People v. Grzesczak
Case details for

People v. Massett

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONNIE J. MASSETT, Defendant and…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Feb 16, 2017

Citations

D070697 (Cal. Ct. App. Feb. 16, 2017)

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