People v. Murphy CA4/1

Filed 8/27/24 P. v. Murphy CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083154

Plaintiff and Respondent,

v. (Super. Ct. No. RIF1501653)

QUENTIN DAMON MURPHY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. Purported appeal from denial of a motion for relief under the California

Racial Justice Act (CRJA) (Pen. Code, § 745,1 subds. (b), (j)), which was filed before the petition for resentencing was filed, is dismissed. Quentin Damon Murphy, in pro. per.; and Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

1 All statutory references are to the Penal Code.

In 2017, a jury convicted Quentin Damon Murphy of one count of aggravated kidnapping (§ 209, subd. (b)(1)), three counts of premeditated attempted murder (§§ 664/187, subd. (a)), stalking (§ 646.9, subd. (a)), and shooting at an inhabited building (§ 246). The jury also found true firearm enhancements under section 12022.53, subdivisions (b), (c), and (d). In 2018, Murphy was sentenced to 16 years four months plus 170 years to life in prison. Murphy appealed and this court affirmed the conviction but remanded for resentencing in an unpublished opinion. (People v. Murphy (Mar. 1, 2019, D074702).) In 2023, Murphy filed a motion for “relief” under the CRJA (§ 745, subds (b) & (j)). The trial court denied the motion by written order filed October 10, 2023. Murphy filed a notice of appeal from the denial of his “motion.” Murphy also filed a separate petition for resentencing under section 1172.6. The trial court appointed counsel, received briefing, reviewed the record of conviction, and held a hearing. The court determined Murphy was the actual perpetrator of the offenses and that the jury had not been instructed on liability under the felony murder rule, the theory of natural and probable consequences, or on liability as an aider and abettor. The court denied the petition for resentencing without issuing an order to show cause or holding an evidentiary hearing. Murphy filed a notice of appeal from the order denying resentencing. Appellate counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been able to identify any potentially meritorious issues for reversal on appeal. Counsel has also addressed the denial of the motion for relief under the CRJA prior to