People v. Macedon CA4/1

Filed 4/22/21 P. v. Macedon CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078513

Plaintiff and Respondent,

v. (Super. Ct. No. SWF1102631)

COREY LAMONT MACEDON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed.

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. In 2014, defendant Corey Lamont Macedon pleaded guilty to first degree special circumstance murder. In December 2020, he filed a petition

for resentencing under Penal Code1 section 1170.95. In January 2021, the

1 All further statutory references are to the Penal Code.

trial court summarily denied the petition on the ground defendant was statutorily ineligible. Defendant appealed. Unable to identify any arguable issues, appellate counsel has sought independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Affirmed. FACTUAL AND PROCEDURAL BACKGROUND An amended information filed in Riverside County on April 19, 2012,

charged defendant and a codefendant Davel D. Walker2 with the premeditated murder of Theron B. on October 13, 2011 (§ 187, subd. (a)). The information alleged that the murder was committed by defendants while they were engaged in the commission and attempted commission of robbery and burglary (§ 190.2, subd. (a)(17)(A) & (G)); and that defendant in 1996 had committed a serious violent felony (attempted murder) (§§ 667, subds. (c), (e)(1) & 1170.12, subd. (c)(1)). On December 5, 2014, defendant withdrew his not guilty plea and entered a plea of guilty to murder of Theron B. with deliberation, premeditation, and malice aforethought. He also admitted the special circumstances allegation pursuant to sections 190.2, subdivision (a)(17)(A) and (G); specifically, that the murder occurred while he was engaged in the attempted commission or commission of robbery (§ 211), and was actually engaged in second degree burglary. On December 8, 2014, defendant was sentenced to an agreed upon sentence of life without the possibility of parole. The allegations of prior offenses were stricken.