People v. Dixon CA2/8

Filed 9/15/20 P. v. Dixon CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B299415

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA073169) v.

MARKEISHA NICOLE DIXON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. David C. Brougham, Judge. Affirmed. J. Kahn, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri and Charles S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Markeisha Nicole Dixon appeals from the denial of her petition for resentencing pursuant to Penal Code section 1170.95. Defendant was one of three individuals charged with the first degree murder of a college student kidnapped, robbed and left for dead in the mountains after her throat was slit. Defendant pled guilty to first degree murder in exchange for the dismissal of the robbery-murder and kidnapping-murder special circumstance allegations. The record of conviction demonstrates defendant was a major participant who acted with reckless indifference to human life. Defendant is ineligible for resentencing relief under the changes in the law regarding liability for felony murder since her 2007 conviction. Defendant raises numerous contentions challenging the order denying her petition, all of which were forfeited by her failure to object in the trial court at the evidentiary hearing. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND In April 2006, defendant was charged, along with codefendant Henry Arnold Singer, with one count of first degree murder. (Pen. Code, § 187, subd. (a).) Robbery-murder and kidnapping-murder special circumstances were also alleged. (§ 190.2, subd. (a)(17).) The charges arose from the August 2001 murder of Christina Burmeister. In a separate information, James Dixon was also charged with the Burmeister murder.1 Neither Henry Arnold Singer or James Dixon is a party to this appeal.