People v. Harris CA2/7

Filed 9/2/20 P. v. Harris CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B300929

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA015108-01) v.

DA’TON VON HARRIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Connie R. Quinones, Judge. Affirmed. Robert L. S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Da’ton Von Harris appeals from a postjudgment order summarily denying his petition for resentencing under Penal Code section 1170.95.1 No arguable issues have been identified following review of the record by Harris’s appointed appellate counsel or by Harris in his supplemental letter brief to this court. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A jury in 1992 convicted Harris of first degree murder (§ 187, subd. (a)) and attempted murder. The trial court sentenced Harris to an indeterminate state prison term of 26 years to life. We affirmed Harris’s conviction on appeal. (People v. Harris (Sept. 23, 1993, B069509) [nonpub. opn.].) On March 1, 2019 Harris, representing himself, filed a form petition/declaration in superior court to vacate his conviction and to be resentenced in accordance with recent statutory changes relating to accomplice liability for murder. Harris requested, and the superior court appointed, an attorney to represent Harris. The People filed an opposition to the petition. On June 28, 2019 the superior court summarily denied the petition for resentencing, finding Harris ineligible for sentencing relief under section 1170.95. DISCUSSION 1. Senate Bill No. 1437 and the Right To Petition To Vacate Certain Prior Convictions for Murder Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (Senate Bill 1437), effective January 1, 2019, amended the felony murder rule and eliminated the natural and probable