People v. Belfield CA5

Filed 2/5/25 P. v. Belfield CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087852 Plaintiff and Respondent, (Super. Ct. No. 1434688) v.

ROBERT LEEAARON BELFIELD, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Dawna Reeves, Judge.

Larenda R. Delaini, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Detjen, Acting P. J., Peña, J. and Smith, J.

INTRODUCTION After the passage of Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600), defendant Robert Leeaaron Belfield petitioned for recall of his sentence pursuant to Penal Code section 1172.1, subdivision (a). (Undesignated statutory references are to the Penal Code.) The court denied the petition, noting under section 1172.1, subdivision (c), defendant was not entitled to file a petition seeking relief from the court. On appeal, counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Our court sent defendant a letter notifying him counsel found no arguable issues, he had 30 days to file a supplemental letter or brief raising any arguable issues, and his failure to file a supplemental letter or brief could result in this court dismissing the appeal as abandoned. Defendant filed a supplemental letter. After reviewing defendant’s supplemental letter brief, we affirm the court’s postjudgment order. FACTUAL AND PROCEDURAL BACKGROUND In 2012, defendant was charged with attempted murder (§§ 664, 187, subd. (a); count I), two counts of first degree robbery in concert (§§ 212.5, subd. (a), 213, subd. (a)(1)(A); counts II & III), residential burglary (§ 459; count IV) and two counts of assault with a firearm (§ 245, subd. (a)(2); counts V & VI). It was alleged defendant personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)) during the commission of counts I and II, he personally inflicted great bodily injury (§ 12022.7, subd. (a)) during the commission of counts I, II and V, and he personally used a firearm (§ 12022.5, subd. (a)) during the commission of counts I, II, III, IV, V and VI. It was further alleged defendant personally used a firearm in violation of section 12022.53, subdivision (b) during the commission of count III. With regard to each count, it was further alleged defendant was a principal in the commission