People v. Weir CA2/2

Filed 4/11/25 P. v. Weir CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B338689

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA098599) v.

RANDALL WEIR,

Defendant and Appellant.

THE COURT:

Defendant and appellant Randall Weir (defendant) appeals from the denial of his petition for vacatur of his murder convictions and for resentencing under Penal Code section 1172.61 after the trial court found him ineligible as a matter of law. Appointed counsel found no arguable issues and filed a brief requesting this court to follow the

1 All further unattributed code sections are to the Penal Code unless otherwise stated.

procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant filed a supplemental brief in which he makes several arguments of little relevance. We find no merit to defendant’s arguments and affirm the order denying the petition. BACKGROUND On May 20, 2019, after defendant’s first two trials ended without a unanimous verdict, a third jury found defendant guilty of three counts of first degree murder (§ 187, subd. (a)). As to all three counts, the jury found true the allegations that a principal was armed with a firearm (§ 12022, subd. (a)(1)), and defendant personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)–(d)). The jury also found true the multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)). Defendant was sentenced on March 10, 2021, to three prison terms of life without the possibility of parole, plus 75 years to life. The judgment was affirmed on appeal in People v. Weir (Dec. 21, 2022, No. B311555) (nonpub. opn.). The Legislature passed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) amending sections 188 and 189, the laws pertaining to felony murder and murder under the natural and probable consequences doctrine, “to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f).) Senate Bill 1437 also enacted section 1172.6 (formerly section 1170.95), which sets forth the procedures for petitioning for relief under the amended sections 188 and 189. In 2023 defendant filed a form petition for resentencing, which included all allegations required by section 1172.6, subdivision (a)(1) through (3). The petition noted the year of conviction was 2019 and included a request for appointment of counsel. The trial court summarily denied the petition without appointing counsel or receiving