People v. Binns CA2/7

Filed 1/20/26 P. v. Binns CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B337619

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA028021) v.

KEYRON LAMONT BINNS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Dismissed. Keyron Lamont Binns, in pro. per.; S.R. Balash, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Keyron Lamont Binns appeals from a superior court order declining to take action on his request for recall and resentencing

under Penal Code1 section 1172.1. We appointed counsel to represent Binns on appeal. After reviewing the record, counsel for Binns filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 that did not identify any arguable issues. After independently reviewing the record and the contentions in Binns’s supplemental brief, we have not identified any either. We now dismiss the appeal as having been taken from a nonappealable order.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Attempted Murder and Binns’s Convictions The evidence at trial established that Nichelle Shaw was sitting in her car in the drive-through line at a restaurant at 2:45 a.m. on January 27, 1997, when Binns, pointing a nine- millimeter handgun, and a confederate (who was never identified) approached, forced their way into the car, and drove off with Shaw inside. As they drove, Binns demanded all of Shaw’s money and then insisted that Shaw take the men somewhere to get more money. She complied and took them to her uncle’s home. The men entered the uncle’s home with Shaw and held the occupants—Shaw’s uncle, Malcolm Hardaway (Hardaway), her aunt, Odessa Hardaway, and her three cousins—at gunpoint. The men took jewelry and other property from the family members. During the several hours the assailants remained in the residence, Binns struck Hardaway at least twice and sexually assaulted Shaw.