People v. King CA2/2

California Court of Appeal Nov 19, 2020 No. B302319Unpublished

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Holding. The court held that a defendant convicted of second-degree murder with a true finding of personal firearm use is ineligible for resentencing under Penal Code section 1170.95 as a matter of law because such findings establish the defendant as the actual killer.

Issues

Whether a trial court may summarily deny a section 1170.95 petition based on the record of conviction without an evidentiary hearing.
Whether a jury's finding of personal firearm use in a murder conviction precludes relief under section 1170.95 as a matter of law.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The jury’s findings of fact necessarily label defendant as the “actual killer” and hence ineligible for relief under section 1170.95.”

“the record of conviction establishes, as a matter of law, that he is not eligible for relief.”

Filed 11/19/20 P. v. King CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B302319

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A350469) v.

ALFRED KING,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kerry R. Bensinger, Judge. Affirmed.

Lenore De Vita, 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, Assistant Attorney General, Idan Ivri and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. ******

Alfred King (defendant) appeals the trial court’s summary denial of his petition for resentencing under Penal Code section 1170.95.1 We conclude there was no error, and affirm. FACTS AND PROCEDURAL BACKGROUND 2 I. Facts A. The underlying crime On April 25, 1979, defendant demanded $15 from Barry Scoggins (Scoggins) owed to him as a result of a prior sale of PCP. Scoggins refused, and defendant shot and killed him. B. Prosecution, conviction and appeal The People charged defendant with Scoggins’s murder (§ 187, subd. (a)), and further alleged that he personally used a firearm in committing the murder (§ 12022.5). At trial, defendant admitted the shooting but claimed he was acting in self-defense as he believed Scoggins was about to attack him with a knife. A jury found defendant guilty of second degree murder (§ 187) and found true the allegation that he used a firearm in committing the murder. The trial court sentenced defendant to prison for 17 years to life. Defendant appealed his conviction and we affirmed in an unpublished opinion. II. Procedural Background On January 14, 2019, defendant filed a petition seeking resentencing under section 1170.95. In the form petition, defendant checked the boxes for the allegations that he had been

People v. King CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B302319

ALFRED KING,

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