People v. Summers CA2/2

Filed 5/27/25 P. v. Summers CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B341527

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA260968) v.

HIRAM ELIXER SUMMERS,

Defendant and Appellant.

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

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.

Defendant’s 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 arguments raised by defendant in his supplemental brief lack merit, we affirm the denial of his section 1172.6 petition. BACKGROUND I. Facts2 On the morning of February 20, 2004, Leavar Williams (Williams) knocked on the door of defendant’s residence. (People v. Summers (Nov. 28, 2005, B176847) [nonpub. opn.] (Summers).) “[Defendant] answered the door. After the two men spoke briefly, [defendant] came out of the house and swung at Williams, but he missed and fell. As [defendant] lay on the ground, Williams kicked him twice. [Defendant] ran into the house and came out with a shotgun. . . . [Defendant] fired two shots, and Williams began running down Figueroa Street.” (Ibid.) “As Williams ran down the street, [defendant] got into his van and followed him down Figueroa Street.” (Summers, supra, B176847) Sedrick Johnson (Johnson) “saw Williams walk[] across the street” and “throw his arm up in the air. [Johnson] then saw a van drive by and make a U-turn. Williams walked toward the van. He did not appear to be angry or agitated and he did not have a weapon. As he stood two or three feet from the van, he exchanged words with the driver. Johnson then heard a ‘pop.’ As the van sped off, Williams ran towards Johnson, holding his side and calling for help, stating that he had been shot.” (Ibid.)