P. v. Sullivan CA2/3

California Court of Appeal Apr 18, 2025 No. B334734Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 because the stipulated factual basis of his plea established he was convicted as a direct aider and abettor, a theory of liability that remains valid under current law.

Issues

Whether a defendant who pled no contest to attempted murder is entitled to resentencing under Penal Code section 1172.6 when the record of conviction establishes a conviction as a direct aider and abettor.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the facts Sullivan stipulated to establish he was convicted of attempted murder as a direct aider and abettor.”

“Direct aiding and abetting remains a valid theory of attempted murder liability after the passage of Senate Bill 1437.”

“Sullivan was convicted of attempted murder as a direct aider and abettor who had the intent to kill.”

Filed 4/18/25 P. v Sullivan CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B334734

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA138490) v.

KARENGHA SULLIVAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke, II, Judge. Affirmed. Susan Morrow Maxwell, 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, Scott A. Taryle and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 2016, Karengha Sullivan pled no contest to attempted murder. Years later, Sullivan petitioned for resentencing under Penal Code1 section 1172.6, which limited accomplice liability for murder. Relying in part on the stipulated factual basis for Sullivan’s plea, the trial court found that Sullivan was convicted as a direct aider and abettor and, as such, ineligible for resentencing. We agree and affirm the order. BACKGROUND I. Sullivan’s plea to attempted murder Based on a shooting in 2015, an amended felony complaint charged Sullivan with conspiracy to commit murder (§ 182, subd. (a)(1)), two counts of attempted murder (§§ 664, 187, subd. (a)), personal and principal gun use (§ 12022.53, subds. (b), (c), (d), (e)(1)), and a gang enhancement (§ 186.22, subd. (b)(4)). Four codefendants were also charged with crimes arising from the shooting. In 2016, Sullivan pled no contest to one count of attempted murder and admitted a gang allegation.2 At the plea hearing, Sullivan admitted the following facts as a basis for his plea: On March 7, 2015, Sullivan, Donald Wilson, Calvin Charles, and Quintell Foster “discussed committing a retaliatory murder against Athens Park Blood”; Wilson and Foster armed themselves with firearms; Sullivan and Charles got into “a follow

P. v. Sullivan CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B334734

KARENGHA SULLIVAN,

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