Filed 4/13/22 P. v. Guthrie CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

IAN PATRICK GUTHRIE,

Defendant and Appellant.

 D079176

 (Super. Ct. No. SCD258303)

APPEAL from an order of the Superior Court of San Diego County, 

Albert Harutunian III, Judge. Affirmed. 

Ian Patrick Guthrie, in pro. per; and Gene D. Vorobyov, under 

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

No appearance for Plaintiff and Respondent. 

In 2016, a jury convicted Ian Patrick Guthrie and a codefendant of first 

degree murder (Pen. Code,1 § 187, subd. (a)). The jury also found Guthrie 

had suffered a strike prior conviction (§ 667, subds. (b)-(i)) and a serious 

felony prior conviction (§ 667, subd. (a)(1)). The jury found true an 

1 All further statutory references are to the Penal Code.
2

enhancement allegation that a principal discharged a firearm causing death 

(§ 12022.53). Guthrie was sentenced to an indeterminate term of 50 years to 

life in prison due to the strike prior. 

Guthrie appealed and this court affirmed the conviction in People v. 

Johnson et al. (2019) 32 Cal.App.5th 26. In 2020, Guthrie filed a petition for 

resentencing under section 1170.95. The court appointed counsel and 

received briefing. At one point the court issued an order to show cause 

(OSC), but later reconsidered the decision and withdrew it and denied the 

petition by written order. 

Guthrie filed a timely notice of appeal. 

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any 

arguable issues for reversal on appeal. Counsel asks the court to review the 

record for error as mandated by Wende. We offered Guthrie the opportunity 

to file his own brief on appeal. Guthrie has responded by filing a 

supplemental brief. We will discuss his submission below.

DISCUSSION2

As we have noted, appellate counsel has filed a Wende brief and asks 

the court to review the record for error. To assist the court in its review, and 

in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel 

has identified a possible issue that was considered in evaluating the potential 

merits of this appeal: Whether the trial court erred in denying Guthrie’s 

petition for resentencing under section 1170.95 at the prima facie stage based 

on the court’s review of the record of conviction.

2 The facts of the offenses are fully set forth in our prior opinion. We will 

not repeat them here.
3

In his submission, Guthrie complains about his original conviction. He 

argues his trial counsel was ineffective, the prosecutor committed 

misconduct, and the trial judge committed legal error. However, this appeal 

is not from the original trial and convictions. The appeal is from the denial of 

a postjudgment petition for resentencing. Guthrie’s submission does not 

raise any arguable issues for reversal of the order denying his petition.

We have reviewed the entire record as required by Wende and Anders. 

We have not discovered any arguable issues for reversal on appeal. 

Competent counsel has represented Guthrie on this appeal.

DISPOSITION

The order denying Guthrie’s petition for resentencing under 

section 1170.95 is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

IRION, J.

DATO, J.