People v. Young CA2/2

Filed 5/5/21 P. v. Young CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B303532

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA175745 v.

DORIS ANN YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Garcia, Judge. Affirmed.

Daniel G. Koryn, 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, Assistant Attorney General, Michael R. Johnsen and Charles S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Doris Ann Young (defendant) appeals from the summary denial of her petition for resentencing under Penal Code section 1170.95.1 Defendant contends that the trial court prejudicially erred in finding defendant ineligible for relief without first appointing counsel and following additional procedures. Finding no merit to defendant’s contention, we affirm the order. BACKGROUND The 1999 conviction 2

Around 11:30 one evening in October 1998, defendant was selling drugs in front of a hotel. She sold Michael Belske three rocks of cocaine for $5 each; but, when Belske gave her $13, she complained, and he took back his money without returning the cocaine. Defendant then followed Belske into the hotel deli, demanding that he pay her. As Belske walked away, defendant took a knife from her pocket and stabbed him in the back. Defendant then left him there and went up to her room in the same hotel. Belske died of shock and blood loss as a result of the stab wound. The trial court’s minutes show that defendant was convicted after a jury trial of second degree murder. The jury found true the allegation pursuant to section 12022, subdivision (b)(1) that defendant had used a deadly and dangerous weapon in the commission of the murder. She was sentenced to a term of 15 years to life in prison.