People v. McKiney CA2/4

Filed 5/22/25 P. v. McKiney CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B337257

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA140260) v.

ALONSO McKINEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Daniel Milchiker, under appointment by the Court of Appeal, and Alonso McKiney, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Alonso McKiney (McKiney) was convicted of assaulting a peace officer and resisting an executive officer. McKiney petitioned the trial court for recall and resentencing under Penal Code section 1170, subdivision (d)(1).1 The trial court denied his petition. McKiney’s appellate counsel filed a brief that raised no issues and asked this court to review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). McKiney submitted his own supplemental brief. After reviewing the contentions and requests made in McKiney’s brief, we affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND In 1997, a jury found McKiney guilty on one count of assaulting a peace officer (§ 245, subd. (c)) and one count of resisting an executive officer (§ 69). The jury also found true an allegation that McKiney had twice before been convicted of robbery: once in 1986 and once in 1988. The trial court sentenced McKiney to a term of 25 years to life. The judgment was affirmed on appeal. On March 7, 2024, McKiney filed a petition for recall and resentencing pursuant to section 1170, subdivision (d)(1). The petition raised various arguments related to McKiney’s convictions for robbery and sought to have those convictions stricken for purposes of resentencing. On March 8, 2024, the trial court denied McKiney’s petition. McKiney timely filed a notice of appeal.