People v. Cunningham CA4/3

Filed 10/22/25 P. v. Cunningham CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064818

v. (Super. Ct. No. 16CF3056)

LOGAN JAMES CUNNINGHAM, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

Logan James Cunningham appeals the denial of his petition for resentencing under Penal Code section 1172.6.1 His court-appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case, advising he found no viable issue, and asking this court to conduct an independent review. We have exercised our discretion under Delgadillo to examine the record and have also evaluated a supplemental brief filed by Cunningham. Finding no arguable issue, we affirm. FACTS Cunningham was driving Jason Torres home when “they began to argue” and both “threw punches. Eventually, Cunningham stabbed Torres,” who “died as a result.” (People v. Cunningham (Nov. 6, 2019, G056716) [nonpub. opn.] (Cunningham).) Cunningham was charged with a single count of murder. (§ 187, subd. (a).) The information alleged he personally used a deadly weapon (§ 12022, subd. (b)(1)) and did not indicate anyone else was involved. The jury convicted Cunningham of second degree murder and found he personally used a deadly weapon. He was sentenced to 16 years to life. We affirmed. (Cunningham, supra, G056716.) In 2023, Cunningham filed a petition for resentencing under section 1170.95 (later renumbered section 1172.6), asserting he could not presently be convicted of murder under sections 188 and 189, which were amended in 2019 to limit the scope of the traditional felony-murder rule and eliminate the natural and probable consequences theory of murder. Cunningham did not claim another person was involved in Torres’s death.