People v. Campbell CA2/2

Filed 11/5/24 P. v. Campbell CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336876

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA282866) v.

DIMETIROUS CAMPBELL,

Defendant and Appellant.

THE COURT: Defendant and appellant Dimetirous Campbell appeals from the denial of his petition for resentencing pursuant to Penal Code section 1172.1.1 Appointed counsel found no arguable issues and filed a brief requesting this court to follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant filed a supplemental brief in which he argues that he was eligible for relief under the statute.

1 All further unattributed code sections are to the Penal Code unless otherwise stated.

Finding no merit to defendant’s contention, we affirm the order denying the petition. BACKGROUND In 2006, defendant was convicted by a jury of second degree robbery (§ 211) (count 1), false imprisonment by violence (§ 236) (count 2), assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)) (count 3), and second degree commercial burglary (§ 459) (count 4). The trial court imposed a third-strike sentence of 35 years to life on count 1, comprised of 25 years to life as the base term plus two five-year prior serious felony enhancements pursuant to section 667, subdivision (a)(1). The court imposed and stayed low term sentences on counts 2, 3, and 4. The judgment was affirmed on direct appeal in People v. Campbell (Sept. 26, 2008, B201020) [nonpub. opn.]. On January 5, 2024, defendant filed a form petition requesting recall and resentencing pursuant to section 1172.1, as amended by Assembly Bill No. 600. effective January 1, 2024. (Stats. 2023, ch. 446, § 2.) On January 30, 2024, the trial court summarily denied the request for resentencing, noting that section 1172.1 does not authorize defendant to initiate a petition on his own. Defendant filed a timely notice of appeal form the order.