People v. Potts CA2/4

Filed 4/18/25 P. v. Potts CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B336020

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056406) v.

ANDRE DEQUIN POTTS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa M. Strassner, Judge. Reversed and Remanded. 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, Supervising Deputy Attorney General, and Charles Chung, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Appellant Andre Dequin Potts (Potts) petitioned the trial court for resentencing under Penal Code section 1172.6.1 The court summarily denied his petition without appointing counsel. We reverse and remand with directions to appoint counsel and conduct the prima facie inquiry as required under section 1172.6, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND In January 2012, Potts’s girlfriend got in a fistfight with another woman. During the course of that fight, Potts began to fight with another man. Potts shot the other man in the leg. He fled the state and was subsequently arrested and extradited. In September 2014, Potts pled no contest to attempted murder (§§ 664/187, subd. (a)), and admitted to personally using a firearm (§ 12022.53, subd. (b)) as well as inflicting great bodily injury (§ 12022.7, subd. (a)). He was sentenced to a term of 22 years. In October 2023, Potts filed a petition for resentencing under section 1172.6. The trial court denied the petition without appointing counsel or holding a hearing, finding Potts ineligible for relief. The court’s order said: “Because [Potts] was the actual shooter in this case, Penal Code [1172.6] does not apply to him as the Natural and Probable Consequences Doctrine does not apply to him.” Potts timely appealed.