People v. McNeil CA2/4

Filed 12/17/24 P. v. McNeil CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B337853

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA420169) v.

CARL McNEIL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael D. Carter, Judge. Affirmed. Richard Lennon and Larry Pizarro, under appointment by the Court of Appeal, and Carl McNeil, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION In 2015, defendant Carl McNeil (McNeil) was convicted of three counts of attempted murder. McNeil filed a petition for resentencing pursuant to Penal Code section 1170.95 (1172.6).1 The trial court denied McNeil’s petition at the prima facie stage, finding he was ineligible for resentencing relief as a matter of law. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). McNeil submitted his own supplemental brief. After reviewing the contentions raised in McNeil’s brief, we affirm the order denying his petition for resentencing.

PROCEDURAL BACKGROUND In 2015, after a jury trial, McNeil was found guilty of three counts of attempted murder (§§ 664/187). On each count, the jury also found true the special allegations that McNeil personally and intentionally discharged a firearm in the commission of a felony resulting in great bodily injury (§ 12022.53, subd. (d)). The trial court sentenced McNeil to a prison term of 100 years to life. On direct appeal, this court affirmed McNeil’s conviction in an unpublished opinion, People v. McNeil (Aug. 15, 2016, B265374). On February 8, 2022, McNeil filed a petition for resentencing pursuant to section 1172.6. In his petition, McNeil argued the evidence at trial was insufficient to establish that he acted with malice. The trial court denied McNeil’s petition after a hearing. In its ruling, the court examined the jury