People v. Candler CA2/1

Filed 11/6/24 P. v. Candler CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B337190

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA032506) v.

KEITH WAYNE CANDLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector E. Gutierrez, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Keith Wayne Candler appeals from the denial of a petition under Penal Code1 section 1170, subdivision (d)(1)(A) to recall his sentence and impose a lower sentence. The trial court found defendant ineligible for resentencing because section 1170, subdivision (d)(1)(A) applies to defendants sentenced to life without possibility of parole or its functional equivalent, and defendant in this case was sentenced to life with the possibility of parole. Defendant’s appointed appellate counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) identifying no arguable issues. Defendant has filed a supplemental brief conceding he does not meet the eligibility requirements under section 1170, subdivision (d)(1)(A), but suggests he nonetheless should be entitled to relief under equal protection principles. We disagree, and affirm.

BACKGROUND In 1995, a jury found defendant guilty of kidnapping for robbery (§ 209, subd. (b)), second degree robbery (§ 211), and assault with a firearm (§ 245, subd. (a)(2)). As to each count the jury also found true allegations of firearm use under sections 12022, subdivision (a)(1) and 12022.5, subdivision (a). The trial court sentenced defendant to life for the kidnapping count and added three years for the true finding under section 12022.5, subdivision (a). The court imposed sentences on the other counts and enhancements but stayed the sentences pursuant to section 654.