People v. Twyman CA2/8

Filed 4/7/21 P. v. Twyman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B304515, B306643

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA139642) v.

ANTHONY DAWAYNE TWYMAN,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Pat Connolly, Judge. Affirmed.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Beccera, Attorney General, Lance E. Winters, Chief Asssitant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant appeals the denial of his petitions for resentencing pursuant to Penal Code section 1170.95.12 Because we find appellant entered a plea to attempted murder, which is not named as a conviction within the remedial provisions of section 1170.95, we affirm. On September 29, 2017, appellant Anthony Dawayne Twyman entered a plea to attempted murder and other sentencing enhancements. The trial court sentenced him to 20 years imprisonment. On October 17, 2019, appellant filed a petition for resentencing pursuant to section 1170.95. Without appointing counsel, the trial court summarily denied the petition, finding appellant ineligible for relief because he was “not convicted of murder.” Twyman filed a timely notice of appeal. He argues the trial court’s summary denial of his petition without appointing counsel violated not only the clear language of the statute, but also his state and federal constitutional rights to due process and the assistance of counsel. Section 1170.95 allows defendants who have been convicted of murder under the theory of felony murder or the doctrine of natural and probable consequences to petition the trial court to vacate such convictions and resentence them. Section 1170.95 has been the subject of numerous appellate decisions from around