People v. Shorter CA2/2

California Court of Appeal Aug 27, 2025 No. B328280Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 because he was the actual killer and his plea occurred after the effective date of the statutory amendments eliminating imputed malice theories.

Issues

Whether a defendant who pleaded no contest to murder and admitted a firearm enhancement after the enactment of Senate Bill No. 1437 is eligible for resentencing under Penal Code section 1172.6.
Whether an admission to using a firearm that caused the death of another human being is sufficient to establish that a defendant is the actual killer.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“As a matter of law, resentencing relief under section 1172.6 is not available to an ‘actual killer.’”

“Appellant admitted that he “used the firearm” in such a manner as to “cause[] the death of another human being with the use of that firearm.” This is sufficient to establish that he was the actual killer.”

Filed 8/27/25 P. v. Shorter CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328280 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA463979) v.

AARON DAJON SHORTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Affirmed. Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General of California, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Charles S. Lee,

Deputy Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, for Plaintiff and Respondent.

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Defendant and appellant Aaron Shorter (appellant) pleaded no contest to murder and admitted a firearm enhancement. The trial court denied his petition for resentencing under Penal Code section 1172.6 (former § 1170.95)1 without an evidentiary hearing because “[appellant] was the actual shooter and perpetrator of the crime” and thus ineligible for relief. Now, appellant appeals the trial court’s decision. We affirm.

BACKGROUND On January 13, 2020, appellant pleaded no contest to second degree murder (§ 187, subd. (a)) pursuant to a negotiated agreement. Appellant also admitted that “[he] used the firearm that caused the death of another human being with the use of that firearm,” which was the basis of a firearm enhancement under section 12022.53, subdivision (d). Appellant was sentenced to a total indeterminate term of 40 years to life imprisonment. On May 29, 2022, appellant signed and mailed a petition for a writ of habeas corpus to the Los Angeles County Superior Court. Appellant sought “all relief for such excessive imposed

People v. Shorter CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

AARON DAJON SHORTER,

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