People v. Deanda CA2/2

Filed 12/12/25 P. v. Deanda CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B342807

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA097140) v.

FRANKIE ANTHONY DEANDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Jacqueline H. Lewis, Judge. Affirmed and remanded with directions. Jonathan E. Demson and Cheryl Lutz, under appointments by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent. ________________________________

Frankie Anthony Deanda appeals from an order of the superior court denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2 We affirm and remand with directions. BACKGROUND In March 2013, appellant pleaded no contest to one count of attempted murder (§§ 664/187, subd. (a)), while admitting that he personally discharged a firearm (§ 12022.53. subd. (c)). He was sentenced to 25 years in state prison, consisting of five years for the attempted murder conviction and 20 years for the firearm enhancement. As part of the plea agreement, five counts were dismissed, including three counts of attempted murder. The preliminary hearing, conducted in June 2012, included the following evidence relevant to appellant’s conviction: Appellant, who was a known member of the East Side Bolen Parque Street gang, approached Leo Rodriguez and three of his friends as they stood in front of Rodriguez’s house in Baldwin Park in the early morning of February 19, 2012. Appellant said, “ ‘Where you from?’ ” and immediately started shooting at the group. Rodriguez was struck in the forearm and shoulder. Appellant fired numerous shots and then ran from the scene. Eleven shell casings were later recovered by police. Appellant filed his operative petition for resentencing under section 1172.6 in March 2024. The petition was on a preprinted form; appellant checked all boxes indicating that he was eligible for relief under section 1172.6 and requested counsel. The trial court ordered that appellant be appointed counsel and set a review hearing. The