People v. Connor CA2/6

Filed 11/18/20 P. v. Connor CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B301442 (Super. Ct. No. BA323311) Plaintiff and Respondent, (Los Angeles County)

v.

EDDIE BOYD CONNOR, JR.,

Defendant and Appellant.

Eddie Boyd Connor, Jr. purports to appeal an order denying his resentencing claims presented to the trial court by a petition for writ of habeas corpus. We dismiss the attempted appeal as not from an appealable order. (Robinson v. Lewis (2020) 9 Cal.5th 883, 895; Briggs v. Brown (2017) 3 Cal.5th 808, 836; In re Clark (1993) 5 Cal.4th 750, 767, fn. 7 [no appeal lies from the denial of a petition for writ of habeas corpus], superseded by statute as stated in Briggs v. Brown (2017) 3 Cal.5th 808, 842; In re Sagin (2019) 39 Cal.App.5th 570, 578 [petitioner whose habeas petition is denied by the superior court

has no right to appeal that decision; recourse is to file new petition in reviewing court].) FACTUAL AND PROCEDURAL HISTORY On May 28, 2008, a jury convicted Connor of attempted murder, and found that he committed the crime willfully, deliberately, and with premeditation; he personally used and intentionally fired a firearm that caused great bodily injury; he personally inflicted great bodily injury; and he committed the crime to benefit a criminal street gang. (Pen. Code, §§ 664, 187, subd. (a), 12022.53, subd. (b)-(d), 12022.7, subd. (a), 186.22, subd. (b)(1)C), (b)(4).)1 Connor admitted suffering a prior serious felony strike conviction which the trial court later struck in the interest of justice. (§§ 667, subds. (b)-(d), 1170.12, subds. (a)-(d), 1385, subd. (a); People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) On August 25, 2008, the trial court sentenced Connor to a prison term of 40 years to life, consisting of a life term for the attempted murder, a 15-year minimum-eligibility-for-parole term pursuant to section 186.22, subdivision (b)(5), and a 25-year term for the personal firearm use finding pursuant to section 12022.53, subdivision (d). The trial court imposed various fines and fees and awarded Connor 512 days of presentence custody credit. Connor appealed and raised the sole argument that the trial court failed to sua sponte instruct regarding attempted voluntary manslaughter. In an unpublished opinion, we rejected the argument, noting that Connor testified at trial that he did not shoot the victim (a rival gang member) and was not present when the victim was shot by an unknown person. (People v. Conner