People v. Crane CA2/2

Filed 8/6/24 P. v. Crane CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324003

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A146112) v.

RICHARD JOSEPH CRANE,

Defendant and Appellant.

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

Paul Kleven, 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, Assistant Attorney General, Scott A. Taryle and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant and appellant Richard Joseph Crane appeals from the denial of his most recent petition for resentencing (Pen. Code, § 1172.6).1 Because this third petition for resentencing is barred by the doctrine of collateral estoppel and public policy, we affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND I. Defendant’s conviction and sentence In 1980, defendant “was charged with the murder of Dennis P. Brown (Brown) with malice aforethought in violation of section 187. The information alleged that [defendant] personally used a deadly and dangerous weapon (a knife) within the meaning of former section 12022, subdivision (b), and that his personal use was an element of the crime charged. With respect to crimes against other victims, [defendant] was charged with kidnapping (§ 207), assault with intent to commit murder (former § 217), and assault with a deadly weapon and by means likely to produce great bodily injury. (§ 245, subd. (a).) On November 3, 1981, [defendant] was convicted of second-degree murder with a finding that he personally used a deadly and dangerous weapon. He was also convicted on the remaining counts. On March 12, 1982, the Hon. Gordon Ringer sentenced [defendant] to serve 24 years to life in state prison.” (People v. Crane (Aug. 4, 2021, B305750) [nonpub. opn.].) II. Defendant’s 2009 petition for writ of mandate In 2009, defendant “filed a petition for writ of mandate and declared that the Los Angeles Police Department had withheld evidence that would prove that he was acting in self-defense, and that he had been falsely convicted of murder based on the