People v. McCloud CA3

Filed 6/27/25 P. v. McCloud CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C102134

Plaintiff and Respondent, (Super. Ct. No. CRF210000687) v.

THOMAS LEON McCLOUD,

Defendant and Appellant.

Defendant Thomas Leon McCloud appeals from the trial court’s denial of his resentencing request pursuant to Penal Code section 1172.6.1 His appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and People v. Wende (1979) 25 Cal.3d 436. Defendant has filed a supplemental brief arguing the trial court erred in denying his resentencing request because he was not appointed

1 Undesignated statutory references are to the Penal Code.

1

counsel. We conclude the trial court erred by failing to appoint counsel, but the error was harmless. We thus affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In October 2020, defendant approached the victim along a roadway. Defendant screamed derogatory words at the victim, demanded to know her name, and threatened to kill her. Defendant then pushed the victim with both hands causing her to fall into the road and in the way of traffic. An approaching bus nearly hit the victim as she lay in the road. The victim stood up and ran away. Defendant followed the victim and told her that he was going to kill her. The People filed a complaint, later deemed an information, in January 2021 charging defendant with attempted murder (§§ 187, 664 – count 1) and making criminal threats (§ 422 – count 2). The information further alleged defendant suffered two prior serious felony convictions (§§ 667, subd. (a), 1170.12). Defendant pled guilty to count 1 and admitted one of the prior serious felony convictions, and in exchange the court sentenced defendant to 21 years and 8 months in prison, dismissed the remaining count in the information and dismissed two other unrelated cases, which are not subject to this appeal. On September 3, 2024, defendant filed and served a form petition for resentencing containing all information required by section 1172.6, subdivision (b). Three days later, the trial court filed a written order summarily denying defendant’s resentencing petition. The order states: “On October 19, 2020, [defendant] attempted to murder [the victim]. On February 22, 2023, [defendant] entered a plea to attempting to murder [the victim] as well as certain enhancements and other crimes. He was sentenced according to the terms of his negotiated plea agreement to 21-year and 8-months in the California Department of Corrections and Rehabilitation. [¶] On September 3, 2024, [defendant] filed this [p]etition for [r]esentencing. The [p]etition is without merit. [¶] The elimination of the natural and probable consequences theory of murder, or as here attempted murder, under