People v. Lee CA4/3

Filed 4/30/21 P. v. Lee CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058779

v. (Super. Ct. No. 00NF1347)

MINH NGHIA LEE, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Daniel Rogers and Kristen Kinnaird Chenelia, Deputy Attorney General, for Plaintiff and Respondent.

In 2005, a jury convicted Minh Nghia Lee and a codefendant of murder 1 (Pen. Code, § 187, subd. (a)), conspiracy to commit murder (§ 182, subd. (a)(1)), and attempted murder (§§ 664, subd. (a) & 187, subd. (a)). The jury determined the defendants intentionally killed the victim by means of lying in wait (§ 190.2, subd. (a)(15)) and a principal was armed with a firearm (§ 12022, subd. (a)(1)). The trial court sentenced Lee to life without the possibility of parole. We affirmed the judgment. (People v. Lee (Oct. 9, 2008, G036136) [nonpub. opn.] (Lee I).) In November 2019, Lee filed a petition for resentencing pursuant to section 1170.95. A month later, the trial court denied the petition because it failed to set forth a prima facie case for relief. Lee argues the trial court erred by summarily denying his petition without following the statutory procedures of appointing counsel, issuing an order to show cause (OSC), and holding a hearing. We disagree and affirm the order. FACTS Because this appeal concerns issues of law, we need not review the facts in any detail. A full recitation of the facts can be found in Lee I. Suffice it to say, Lee was involved in a criminal enterprise and lived with his partners in crime in a residence they referred to as the “Penthouse.” After the group disbanded, Lee and three cohorts lured two of their former partners to a parking lot. After the victims arrived, Lee’s cohort (and codefendant at trial) shot the two men, killing one. The injured survivor ran and hid behind a telephone pole. Lee drove his vehicle towards him, but stopped just short of hitting the pole. (Lee I, supra, G036136.) In 2005, a jury found Lee guilty of murder by means of lying in wait, conspiracy to commit murder, and willful, deliberate and premediated attempted murder. The jury also determined Lee was armed with a firearm as to all counts.