People v. Tolfree CA2/5

Filed 7/18/24 P. v. Tolfree CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B328633

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA092936) v.

DAVONTE KENDRE TOLFREE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Affirmed. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Davonte Kendre Tolfree appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We affirm.

II. BACKGROUND

In 2008, a jury found defendant guilty of two counts of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a)) and found true as to both counts that defendant personally used and discharged a firearm (§ 12022.53, subds. (b)– (d)). The trial court sentenced defendant to 32 years to life on count 1 and imposed the same sentence on count 2, to be served concurrently. A different panel of this court affirmed the judgment. (People v. Tolfree (Aug. 12, 2009, B208151) [nonpub. opn.]). On February 28, 2022, defendant filed a petition for resentencing under section 1172.62; and on June 13, 2022, he filed a revised petition. On August 11, 2022, the District