People v. Clemons CA2/2

California Court of Appeal Nov 19, 2020 No. B300923Unpublished

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Holding. The court held that a defendant is ineligible for relief under Penal Code section 1170.95 as a matter of law when the record of conviction, specifically a jury's finding that the defendant personally and intentionally discharged a firearm, establishes the defendant was the actual killer.

Issues

Whether a trial court may summarily deny a section 1170.95 petition without appointing counsel when the record of conviction demonstrates the defendant is ineligible for relief as a matter of law.
Whether a jury's finding that a defendant personally and intentionally discharged a firearm precludes a prima facie showing of eligibility for resentencing under section 1170.95.

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 unequivocally demonstrates that defendant is ineligible for relief notwithstanding his allegations to the contrary.”

Filed 11/19/20 P. v. Clemons CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B300923

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA052497-01) v.

RODNEY DARNELL CLEMONS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Affirmed.

Lori A. Quick, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos, Deputy Attorney General, and Lynne G. McGinnis and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent. ******

Rodney Darnell Clemons (defendant) appeals the trial court’s summary denial of his motion for relief under Penal Code section 1170.95.1 We conclude there was no error, and affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts2 A. The underlying crime On July 23, 2002, Yannick Carraway (Carraway) got into a fist fight with a woman because the woman’s husband—Andre Fisher (Fisher)—got Carraway’s friend pregnant. When Carraway lost the fist fight, she left the scene and picked up defendant, who was her cousin. Carraway, defendant and others returned to the scene of the first fight, where Carraway once again got into—and once again lost—a second fist fight with the woman. Incensed, Carraway told defendant, “I didn’t bring you here to fight [Fisher] . . . Do what I brought you here to do. Kill him.” When defendant pulled out a gun and started walking toward Fisher’s front door, Carraway urged him on, “Do it . . . Come on, come on, do it. You better do something.” When Fisher came to the door, defendant shot Fisher four times. Fisher died from the gunshot wounds. B. Prosecution, conviction and appeal The People charged defendant with Fisher’s murder (§ 187, subd. (a)), and further alleged that he personally and

People v. Clemons CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B300923

RODNEY DARNELL CLEMONS,

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