P. v. Lennan
Following resentencing, Bill Lennan appeals a judgment of conviction of conspiracy to commit murder and burglary (count 2) and attempted murder (count 3), with findings that a principal used a firearm to commit the crimes and that the crimes were committed to benefit a criminal street gang. (Pen. Code, §§ 182, subd. (a), 187, subd. (a), 664, 12022.53, subds. (d) & (e)(1), 186.22, subd. (b).)[1]
We appointed counsel to represent Lennan in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) On January 25, 2011, we advised Lennan that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have received a response from him contending that his resentence is excessive, the jury misapplied the instructions, and that count 2 rests upon legally inadequate theories. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case, and a brief discussion of Lennan's contentions.
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