People v. Lewis CA2/3

Filed 10/24/25 P. v. Lewis CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B338487

Plaintiff and Respondent, Los Angeles County Super. Ct. No. v. XSCTA098877-01

EDDIE DWAYNE LEWIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Dismissed as moot.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Sophia A. Lecky, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

MEMORANDUM OPINION1 Eddie Dwayne Lewis appealed from the trial court’s denial of his request for recall of his sentence and resentencing under Penal Code section 1170, subdivision (d) (section 1170(d)). That statute authorizes juvenile offenders sentenced to life without the possibility of parole to petition for recall and resentencing. Lewis contended his sentence of 35 years to life was the functional equivalent of life without parole and the court’s denial of his request violated his equal protection rights. According to the opinion on direct appeal from his conviction (People v. Lewis et al. (Sept. 24, 2012, B226839) [nonpub. opn.]), Lewis and two fellow members of his gang drove into rival gang territory on June 1, 2008. When Laurence Cartright—who was “affiliated” with the rival gang—came out of his apartment, Lewis shot him. Cartright survived. A jury convicted Lewis of willful, deliberate, premeditated attempted murder and shooting from a motor vehicle. The jury found true an allegation that, in the commission of the crimes, Lewis personally discharged a firearm. The court sentenced Lewis to 35 years to life: 15 to life for the attempted murder plus 20 years for the firearm enhancement. In 2023, Lewis apparently filed a petition for recall and resentencing under section 1170(d).2 On May 29, 2024, the