People v. Wallace CA2/2

Filed 4/22/25 P. v. Wallace CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B340347

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA075709) v.

DENNIS WALLACE,

Defendant and Appellant.

THE COURT: Defendant and appellant Dennis Wallace appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6 (former § 1170.95).1 Defendant’s

1 All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no substantive change. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

appointed appellate counsel found no arguable issues and filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Finding that the argument raised by defendant in his supplemental brief lacks merit, we affirm the denial of his section 1172.6 petition. BACKGROUND I. Facts2 A. The murder of Tyronn Bickham (Bickham) and attempted murder of Emond Taylor (Taylor) On the night of August 10, 2001, Taylor was standing outside with Bickham and a woman near the trunk of Bickham’s car. (People v. Wallace (Jan. 8, 2014, B243535) [nonpub. opn.] (Wallace).) Taylor saw a white Nissan Altima occupied by four people, including defendant, who was driving, and Deeya Khalill (Khalill), who was sitting in the front passenger seat. (Ibid.) “As the Altima drove by, Taylor heard someone in the car say, ‘“They get a pass’” or ‘“Hey, you straight.”’” (Ibid.) “Several minutes later, after the [woman] had departed, Taylor saw the Altima again. The Altima . . . stopped near an alley. Taylor could see that [defendant] and Khalill were still in the front seat of the car. [¶] A person wearing a black hoodie got out of the back seat and walked to the corner. The person began shooting. Taylor ran towards his house, and Bickham ran in another direction. Taylor jumped over his fence, ran into the back, and entered his house. Taylor told his brother that someone was shooting at him.