People v. Boyd CA2/8

Filed 3/24/25 P. v. Boyd CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B335180

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA438587-01 v.

AHJEEB JAMAL BOYD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed and remanded with instructions.

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, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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On March 15, 2016, appellant Ahjeeb Jamal Boyd pled no contest to two counts of attempted murder. He also admitted gang enhancement allegations. Defense counsel stipulated to a factual basis based upon the police report and the preliminary hearing transcript. The trial court sentenced Boyd to two concurrent aggregate determinate prison terms of 12 years. On April 19, 2023, Boyd filed a petition for resentencing under Penal Code section 1172.6.1 The petition was a pre-printed form geared towards meeting the requirements for facial validity and appointment of counsel. The form allows the petitioner to declare eligibility for relief by checking boxes next to statements that correspond to statutory requirements for relief, including statements that petitioner was subject to prosecution and conviction under an invalid theory and could not presently be convicted because of changes to homicide law. The trial court appointed counsel for Boyd and found him ineligible for sentencing relief as a matter of law and summarily denied the petition. Relying on the preliminary hearing transcript, the trial court found Boyd was the actual perpetrator of the attempted murders and acted with malice aforethought. The trial court wrote: “After considering the record of this case, including the available reporter’s daily transcripts of Petitioner’s plea and the preliminary hearing transcript and the probation officer’s report, the court has determined that Petitioner has not met his burden of establishing a prima facie case for relief and respectfully DENIES the petition.” “Petitioner’s objection to the court relying on the preliminary hearing transcript in this matter is overruled and the court will rely on the factual showings in that transcript