People v. Traylor CA3

Filed 1/31/25 P. v. Traylor CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099916

Plaintiff and Respondent, (Super. Ct. No. CR113859)

v.

MELVIN TRAYLOR,

Defendant and Appellant.

Defendant Melvin Traylor appeals the summary denial of his petition for resentencing under Penal Code section 1172.6 (statutory section citations that follow are found in the Penal Code unless otherwise stated). He argues the resentencing court erred in denying his petition as successive. Whether or not it was error to deny the petition as successive, defendant remains ineligible for relief under section 1172.6. We affirm the court’s order.

1

FACTS AND HISTORY OF THE PROCEEDINGS

The events that gave rise to defendant’s convictions are summarized in People v. Traylor (Nov. 16, 1994, C015984) (nonpub. opn.) (Traylor I). We treat the People’s request for judicial notice of our prior opinion in Traylor I, supra, C015984, as a motion to incorporate the opinion by reference and grant the motion. Although we do not rely on the factual summary in Traylor to conduct our review, we recount some background facts to provide context.

A. Charges and Trial

In July 1992, the People charged defendant with murder (§ 187). The People alleged defendant was armed with a firearm (§ 12022, subd. (a)) and personally used a firearm during the commission of his crime (§ 12022.5, subd. (a)). The People also alleged defendant served prior prison terms (§ 667.5, subd. (b)). At trial, the prosecution presented evidence that in the early morning hours of January 25, 1992, defendant and M. Robinson were drinking alcohol in C. Robinson’s apartment. (Traylor I, supra, C015984.) M. Robinson began taunting defendant about his clothes and hair; defendant appeared angry and upset. (Ibid.) By 3:30 a.m., M. Robinson was tired and wanted to leave. (Ibid.) M. Robinson, defendant, and two others left in defendant’s car. M. Robinson fell asleep in the back seat. (Ibid.) Defendant stopped at an apartment complex, got out of the car, and said he was going to see about a gun. (Traylor I, supra, C015984.) Defendant came back to the car with another man, whom he did not introduce and who said nothing. (Ibid.) Defendant dropped two of his passengers off at their cars around 3:45 a.m. (Ibid.) At 5:00 a.m. he returned alone to the apartment he was sleeping in. (Ibid.) M. Robinson’s body was discovered in a field around 10:00 a.m. (Traylor I, supra, C015984.) He was killed between 4:00 a.m. and 6:00 a.m. (Ibid.) In a subsequent search of defendant’s car, law enforcement found traces of M. Robinson’s