People v. Bailey CA2/7

Filed 5/1/25 P. v. Bailey CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B340543

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA029812) v.

JACOB BAILEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David Stuart, Judge. Affirmed. Nancy Gaynor, under appointment by the Court of Appeal, Jacob Bailey, propria persona, for Defendant and Appellant. No appearances for Plaintiff and Respondent.

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Jacob Bailey appeals from a postjudgment order denying his petition for resentencing under Penal Code former section 1170.95 (now section 1172.6).1 In 1999 a jury convicted Bailey of two counts of first degree murder and one count of attempted willful, deliberate, and premeditated murder. In 2024 the superior court concluded Bailey failed to make a prima facie showing of eligibility for relief under section 1172.6 because Bailey was tried and convicted on a direct aiding and abetting theory, which remains a valid theory of liability under section 1172.6. Bailey’s appointed appellate counsel filed a brief in this appeal that did not identify any arguable issues. After independently reviewing the record and the contentions presented by Bailey in his one-page supplemental brief, we have not identified any either. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND