People v. Sorrels CA2/8

Filed 1/27/21 P. v. Sorrels CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305320

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA321479) v.

JERRY SORRELS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Ray G. Jurado, Judge. Affirmed. Theresa Osterman Stevenson, 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, Charles S. Lee and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

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Jerry Sorrels appeals the trial court’s summary denial of his petition for resentencing of his premeditated first degree murder conviction pursuant to Penal Code section 1170.95,1 a provision added by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015) (SB 1437). He contends the trial court violated section 1170.95 and his constitutional rights to due process and assistance of counsel by denying his petition after appointing him counsel but before giving him an opportunity to brief or argue the petition. We need not address the merits of his contentions. He was not eligible for resentencing as a matter of law, so any error was harmless. We affirm. BACKGROUND In 2009, a jury convicted Sorrels and two co-defendants of first degree murder for killing a bystander during a drive-by gang-related shooting. (§ 187, subd. (a).) For Sorrels, the jury found true street gang and firearm enhancements. (§ 186.22, subd. (b)(1)(C); § 12022.53, subds. (b)–(e)(1).) The trial court sentenced him to 50 years to life. This court set forth the lengthy facts in an opinion affirming the judgment in a prior appeal. (People v. Sorrels (2012) 208 Cal.App.4th 1155.) On August 19, 2019, Sorrels filed a form petition for resentencing pursuant to section 1170.95, declaring he was not the actual killer, did not act with intent to kill, and was not a major participant in the felony or did not act with reckless indifference to human life. The trial court “read[] and consider[ed]” the petition, appointed Sorrels a bar panel attorney, and set a hearing for November 21, 2019.