People v. Hamilton CA2/6

Filed 2/24/21 P. v. Hamilton CA2/6 Opinion following rehearing NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B256760 (Super. Ct. No. BA381749-01, -03) Plaintiff and Respondent, (Los Angeles County)

v. OPINION FOLLOWING REHEARING RICKY HAMILTON et al.,

Defendants and Appellants.

On April 27, 2016, this court issued an opinion affirming the judgments of conviction of appellants Ricky Hamilton and Rondalyn Johnson. On August 10, 2016, the California Supreme Court granted Johnson’s petition for review and denied Hamilton’s petition for review. (People v. Hamilton et al., No. S234559.) On April 10, 2019, the California Supreme Court transferred this matter to our court with directions to vacate our decision (filed April 27, 2016) and to “reconsider the cause in light of Senate Bill No. 1437 (Stats. 2018, ch. 1015).” On August 21, 2019, we issued a second opinion reaching the same result as our

original opinion. Then, on September 19, 2019, we granted appellant Rondalyn S. Johnson’s petition for rehearing. While this appeal was under submission, on October 30, 2019, in a habeas matter filed by Johnson, the California Supreme Court issued an order for the Department of Corrections and Rehabilitation to show cause before the Los Angeles County Superior Court whether Johnson was entitled to a juvenile fitness hearing under Welfare and Institutions Code section 707, subdivision (a), based on new documentation that Johnson was a minor at the time she committed the underlying offenses. (In re Johnson, No. S253372.) On December 24, 2019, this court vacated submission of Johnson’s appeal pending the superior court’s resolution of her request for a juvenile fitness hearing. Thereafter, the Los Angeles County Superior Court transferred Johnson’s case to juvenile court and adjudicated her as a juvenile for the offenses at issue in this appeal. On January 8, 2021, in Los Angeles County Superior Court Case No. YJ40698, Johnson admitted to one count of attempted murder and one count of burglary. She was declared a ward of the court under Welfare and Institutions Code section 602, and she was ordered home on probation for six months. Johnson and the People agree that Johnson’s admissions to the allegations in the juvenile court petition make this appeal moot. Accordingly, we dismiss Johnson’s appeal as moot. We reissue our opinion filed April 27, 2016, without any changes as to Hamilton, and omit all discussion of and reference to Johnson’s contentions on appeal. Ricky Hamilton appeals judgment after conviction by jury of first degree willful, deliberate, and premeditated attempted murder of Wassan Flores; first degree burglary; and home