People v. Elzy CA2/5

Filed 7/14/25 P. v. Elzy CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B340006

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA287105) v.

LAMAR DARELL ELZY,

Defendant and Appellant.

Lamar Darell Elzy (defendant) appeals from the order of the trial court denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2 Defendant’s attorney filed a brief raising no issues and asked this court to

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only.

independently review the record. Defendant submitted a supplemental brief on his own behalf. Under the standard articulated in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments defendant raises in his letter brief. (Id. at pp. 231- 232.) Finding none of his arguments meritorious, we affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts3 A. The underlying crime At approximately 8:15 p.m. on July 17, 2005, Percy Lemle (Lemle) parked his bus in a lot on Vermont Avenue, in Los Angeles. Defendant and his companion approached Lemle while wearing hoods pulled down to obscure their faces. Defendant pulled a gun from his pocket and fired one shot at Lemle. Lemle ran, and more shots were fired as the two men chased him. Lemle was struck in the head, causing paralysis resulting in four surgeries and extensive rehabilitation. B. Conviction and appeal The People charged defendant with attempted murder (§§ 664, 187). The People also alleged that the attempted murder was premeditated, that defendant personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), and (d)), and that he personally inflicted great bodily injury (§ 12022.7, subd. (a)).