People v. Stewart CA2/1

Filed 6/11/25 P. v. Stewart CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B334890

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A037377) v.

DENNIS LEONARD STEWART,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Judith Levey Meyer, Judge. Affirmed. Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

MEMORANDUM OPINION1 Defendant Dennis Leonard Stewart appeals from an order following an evidentiary hearing denying his petition for resentencing under Penal Code section 1172.6.2 His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 identifying no issues. Stewart thereafter filed a supplemental brief acknowledging guilt on his murder and attempted murder convictions and arguing there was insufficient evidence to support the jury’s true finding on the special circumstance allegation in his original trial along with other claims outside the scope of a section 1172.6 proceeding. For the reasons explained below, we affirm the trial court’s order. A. Factual and Procedural Background On June 2, 1987, a woman named Lisa Gordon stole $4,000 in cash from Stewart and another man, Benjie Dean Brookins, and took it with her to the house of Michael Durham. Later that same night, Stewart and Brookins went to Durham’s house armed with guns to confront Gordon and recover the money. Gordon was shot multiple times and died. Durham was shot in the leg and survived. Stewart and Brookins recovered the money; they also took a bracelet and a watch from Gordon. Durham asserted that after the shootings he discovered approximately $40 was missing from a dresser in his home. As relevant here, a jury found Stewart guilty of murder for killing Gordon along with finding true a special circumstance