People v. Rogers CA2/8

Filed 3/25/25 P. v. Rogers CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B333858

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA373750-01) v.

PHILIP ROGERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke, II, Judge. Affirmed.

Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying Philip Rogers’s petition for resentencing under Penal Code1 section 1172.75. We affirm. BACKGROUND On June 26, 2012, a jury found Rogers guilty of one count of gross vehicular manslaughter while intoxicated in violation of section 191.5, subdivision (a). The jury also found true two prior convictions for driving under the influence in violation of Vehicle Code section 23152, subdivisions (a) and (b). Rogers also admitted that he suffered a prior conviction in violation of section 12021 which added one year to this sentence. The trial court sentenced Rogers to 15 years to life in state prison plus one year. (§§ 191.5, subd. (d); 667.5, subd. (b).) Rogers filed a petition for resentencing pursuant to section 1172.6. On January 6, 2023, the trial court denied the petition for resentencing under section 1172.6. Rogers also requested resentencing under section 1172.75 (former § 1171.1). If there is a written request for such relief under section 1172.75, it is not in the record on appeal. The record does include letters in support of resentencing and Rogers’s complete C-File from the Department of Corrections and Rehabilitation. On September 1, 2023, the trial court struck all fines and fees and the one-year sentence previously imposed