People v. Giles CA2/2

Filed 5/7/21 P. v. Giles CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307532

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA036909) v.

DELONNE TRYICE GILES,

Defendant and Appellant.

THE COURT: Delonne Tryice Giles appeals the trial court’s denial of his petition to be resentenced for murder under Penal Code section 1170.95.1 The order is appealable. (§ 1237, subd. (b).) Giles’s attorney filed a brief raising no issues and asked this court to independently review the record. Giles submitted a supplemental brief on his own behalf. On March 10, 2021, this court summarily dismissed the appeal. Counsel then petitioned

1 Undesignated statutory references are to the Penal Code.

for rehearing. We vacated the dismissal and now address the appeal on the merits. In 1997, Giles was convicted by jury of first degree murder and four counts of attempted murder. (§§ 187, 189.) The jury found Giles “was a principal” and the attempted murders were “willful, deliberate and premeditated.” He was sentenced to 26 years to life for the murder and four concurrent life terms for the attempted murders. His appeal from the judgment was decided by this court in People v. Giles et al. (Jan. 19, 2000, B118121) [nonpub. opn.] (Giles).2 Giles is a Crips member. In December 1996, he drove past the Aguirre brothers, who are members of rival gang Willows. The Aguirres were chatting on the sidewalk with two friends. A passenger in Giles’s Hyundai fired multiple times from the car, until his gun jammed. A bullet struck and killed five-year-old Oscar Vega, who was near the intended victims. Police found three nine-millimeter cartridge cases and two expended “full metal jacket” bullets at the scene. (Giles, supra, B118121.) Shortly after the shooting, Giles and codefendant Sean Bytheir arrived at Victoria Dickson’s apartment with two other Crips. Giles paced nervously as they discussed a little boy shot in a “ride-by” and the large police presence in the area. Giles said his green Hyundai was parked on Santa Fe Avenue and gave the keys to Dickson. That night, Bytheir retrieved the car keys and discussed a plan to burn the car. (Giles, supra, B118121.) The Aguirre brothers knew Giles. They identified him as the driver of the Hyundai, as did a neighbor who was washing his car nearby. The morning after the shooting, the Hyundai was