People v. Evans CA2/2

Filed 7/24/24 P. v. Evans CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B334585

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA135675) v.

DWIGHT EVANS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed.

Sally Patrone, 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, David E. Madeo, and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

****** Dwight Evans (defendant) appeals the trial court’s summary denial of his petition for relief under Penal Code section 1172.6.1 Because the record of conviction conclusively establishes that defendant was the shooter of the intended murder victim and was convicted based on his own malice in carrying out the shooting, we affirm the summary denial of relief. FACTS AND PROCEDURAL BACKGROUND I. Facts A. The underlying crime Defendant, his wife, and Antonio Barnes (Barnes) had known each other for decades, and defendant’s wife and Barnes had an on-again, off-again romantic relationship. Defendant and Barnes grew up together and had both belonged to the same gang, the Bounty Hunter Bloods. On the municipal election day in March 2013, defendant took his wife to the polling place where she and Barnes were to work that day and waited for Barnes to show up. When Barnes arrived, defendant greeted him by saying, “what’s up, player, player” and invited him to “step outside.” Mere seconds after Barnes followed defendant out the door, a gun was fired three times. Moments later, Barnes stumbled back through the door,