People v. Greene CA2/2

Filed 3/24/25 P. v. Greene CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B336519

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA084823) v.

JESSE GREENE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Alan K. Schneider, Judge. Affirmed. Jonathan E. Demson, 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, Wyatt E. Bloomfield and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Jesse Greene appeals the denial of his petition for resentencing under Penal Code1 section 1172.6 at the prima facie stage. We affirm the summary denial because the preliminary hearing transcript unequivocally shows appellant was the sole perpetrator of the attempted murder, and he did not provide facts beyond conclusory allegations to show his entitlement to relief. BACKGROUND In 2019, appellant pleaded no contest to attempted murder. He further admitted that he had a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(e)), that he inflicted great bodily injury (§ 12022.7, subd. (a)), and that he personally used a deadly weapon (§ 12022, subd. (b)(1)). Appellant was sentenced to 17 years in state prison. I. Preliminary Hearing At the preliminary hearing on April 3, 2017, the victim testified that he drove to a parking lot to meet a woman he had been seeing (appellant’s codefendant) to retrieve the Mercedes he had lent her and to return her car that he had gotten repaired. When the victim got out of the car, appellant—who he had never met—jumped on him and stabbed him repeatedly in the face, head, and neck. He lost several teeth, required 120 staples in his head, and lost feeling in his lip and hand. A witness testified that he saw the stabbing through his apartment window, and that he saw a woman looking on as the attack occurred. The witness yelled at the perpetrator to leave the victim alone, at which point both the attacker and the woman fled the scene.