People v. Nelson CA2/1

Filed 1/31/25 P. v. Nelson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B334415

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA019560) v.

SERGIO DUJUAN NELSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mike Camacho, Jr., Judge. Affirmed. William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General for Plaintiff and Respondent.

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Defendant Sergio Dujuan Nelson appeals from an order denying his motion for a hearing under People v. Franklin (2016) 63 Cal.4th 261 (Franklin), to make a record of information relevant to a future youth offender parole hearing. He contends that the statute that excludes him from such proceedings violates his constitutional rights to equal protection of the laws and the guarantees against cruel or unusual punishment. We reject these contentions and affirm the court’s order.

FACTUAL SUMMARY AND PROCEDURAL HISTORY Our Supreme Court summarized the facts of this case as follows: “On September 11, 1993, [defendant] resigned from his job at Target after failing to receive a promotion. Shortly before 4:00 a.m. on October 2, 1993, he shot and killed Robin Shirley, the woman who received the promotion [defendant] believed he had deserved, and Lee Thompson, a coworker who had defended Shirley when [defendant] harassed her about her promotion. [Defendant] knew Shirley typically waited in the parking lot for the store to open. He rode to the Target parking lot on his bicycle, armed with a loaded gun. Shirley and Thompson were in the front seat of Thompson’s car. [Defendant] parked his bicycle, approached the car on foot from behind and fired several shots into the car through an open rear window, then started to walk away before returning and firing again into the car. (People v. Nelson (2016) 1 Cal.5th 513, 522 (Nelson I).) In August 1995, a jury convicted defendant of two counts of first degree murder (Pen. Code, § 187)1 and found true special