NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Kern County No. BF116022A. David R. Lampe, Judge.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT[*]
INTRODUCTION
In 2009, appellant and defendant George Tyler (Tyler) was convicted of murdering his girlfriend's five-year-old son, D.W., and sentenced to 25 years to life. Tyler's mother, codefendant Mavis Watson (Watson), was convicted of being an accessory after the fact. This court affirmed their convictions on appeal.
The court's order denying Tyler's petition for recall is affirmed. [*] Before Levy, Acting P.J., Franson, J. and De Santos, J. Given this background, we take judicial notice of the appellate record and this court's nonpublished opinion in People v. Tyler (F058478, Oct. 27, 2010) 2010 WL 4227797. The following factual statement is quoted from this court's opinion in its entirety. (Evid. Code, § 450, § 452, subd. (d), § 459; In re W.R. (2018) 22 Cal.App.5th 284, 286-287, fn. 2.)