People v. Dunsmore CA4/1 ( 2024 )

Filed 10/18/24 P. v. Dunsmore CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D083375
Plaintiff and Respondent,
v. (Super. Ct. No. SCS215653)
DARRYL LEE DUNSMORE,
Defendant and Appellant.
APPEAL from an order of the Superior Court of San Diego County,
Garry G. Haehnle, Judge. Affirmed.
Darryl Lee Dunsmore, in pro. per.; and Jared G. Coleman, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In 2010, Darryl Lee Dunsmore was convicted of attempted voluntary
manslaughter while personally inflicting great bodily injury (Pen. Code,1
§§ 192, subd. (a), 664, & 12022.7, subd. (a)), assault with a deadly weapon
while inflicting great bodily injury (§§ 245, subd. (a)(1), 12022.7, subd. (a)),
1 All further statutory references are to the Penal Code.
and a second count of assault with a deadly weapon (§ 245, subd. (a)(1)). The
court found true a serious felony prior conviction (§ 667, subd. (a)(1)), a prison
prior (§ 667.5, subd. (b)), and a strike prior (§ 667, subds. (b)-(i)).
Dunsmore was ultimately sentenced to a determinate term of 21 years
in prison.
Dunsmore appealed, and this court affirmed the conviction in an
unpublished opinion. (People v. Dunsmore (Dec. 21, 2011, D057645).)
Dunsmore has filed at least six appeals in this case complaining about
multiple issues, in addition to this appeal, addressing the denial of his
petition for resentencing under section 1172.6.
In 2021, Dunsmore filed a petition for resentencing under
section 1170.95 (now renumbered section 1172.6). The trial court found
Dunsmore was not eligible for resentencing under the statute. Dunsmore
appealed, and this court affirmed in an unpublished opinion. (People v.
Dunsmore (June 30, 2022, D079851).)
Dunsmore filed his second petition for resentencing under
section 1172.6 The trial court again found him ineligible for relief under
section 1172.6.
Dunsmore again filed a notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Delgadillo
(2022) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been able to
identify any potentially meritorious issues for reversal on appeal. Counsel
asks the court to exercise its discretion to independently review the record for
error. We informed Dunsmore he could file his brief on appeal. He has
responded with a supplemental brief.
Dunsmore complains about numerous issues, including assistance of
counsel, his conviction, and various sentencing topics including custody
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credits. He does not address the issue in this appeal of whether a person
convicted of attempted voluntary manslaughter can seek relief under
section 1172.6. His supplemental brief does not raise any potentially
meritorious issues in this appeal from denial of his petition under
section 1172.6.
DISCUSSION
As we have noted, appellate counsel has filed a Delgadillo brief and
asks the court to independently review the record for error. To assist the
court and in compliance with Anders v. California (1967) 386 U.S. 738,
counsel has identified three possible issues that were considered in
evaluating the potential merits of this appeal:
1. Whether the court should order resentencing in the interests of
justice.
2. Whether a conviction for attempted manslaughter is eligible for
relief under section 1172.6.
3. Whether custody credits were properly applied.
We have exercised our discretion to independently review the record for
error. Our review of the record has not identified any potentially meritorious
issues for reversal on appeal. Competent counsel has represented Dunsmore
in this appeal.
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DISPOSITION
The order denying Dunsmore’s second petition for resentencing under
section 1172.6 is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
DO, J.
CASTILLO, J.
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