People v. Morris CA2/3

Filed 5/13/21 P. v. Morris CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B308015

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA028244) v.

JAMES KAMPLY MORRIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa M. Chung, Judge. Affirmed. James Kamply Morris, in pro. per.; and J. Kahn, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

James Kamply Morris appeals from a postconviction order denying his petition for resentencing under Penal Code1 section 1170.95. His appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436. The petition arose from Morris’s convictions of murder and attempted murder. As described in our prior opinion affirming the judgment of conviction, People v. Morris (Feb. 21, 2008, B194027, B195547) [nonpub. opn.],2 Morris and his codefendant Jamal Young were gang members. In retaliation for a prior shooting, they drove to a house party attended by rival gang members. Young, the driver, stopped the car in front of the house. From the car, Morris fired four or five shots toward the house, killing one man and wounding three others. After, Morris and Young bragged about the shooting. An information charged Morris, Young, and one other man with one count of murder (§ 187, subd. (a)) and three counts of attempted murder (§§ 664, 187, subd. (a)), with principal gun use enhancements (§ 12022, subd. (a)(1)) alleged as to all counts. A jury found Morris guilty as charged and also found that the attempted murders were committed willfully, deliberately, and with premeditation (§ 664, subd. (a)). In 2006, the trial court sentenced Morris to 25 years to life plus one year for the gun enhancement on count 1 and to a consecutive life term with a minimum parole eligibility of seven years plus one year on count