People v. Jefferson CA2/5

Filed 6/2/21 P. v. Jefferson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B304681

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA085639) v.

OMAR MALIK JEFFERSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Affirmed.

Susan K. Shaler, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

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Omar Jefferson appeals from an order denying his petition to vacate his murder conviction and to be resentenced under Penal Code section 1170.95.1 His appointed counsel filed a brief pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 and People v. Wende (1979) 25 Cal.3d 436, raising no issues. Jefferson filed a supplemental brief arguing the trial court erred in finding he had not made a prima facie showing of entitlement to relief. Because the jury in Jefferson’s underlying trial was not instructed on felony murder or the natural and probable consequences doctrine, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 17, 2006, appellant was driving a car with two passengers who were fellow gang members. Appellant began chasing a rival gang member, Alvin Boyd, who was riding a “minibike.” Occupants in appellant’s car fired gunshots at Boyd. Boyd was able to evade his chasers who then chose another target. Seven shots were fired from appellant’s car at two men standing on the street: one of the targets was hit in the leg and survived; the other died as a result of a gunshot wound to the chest. Jefferson and his two accomplices were tried together. The jury found defendants guilty of one count of willful, deliberate, and premeditated first degree murder, and two counts of attempted murder. The jury also found true gang and firearm use allegations. The trial court sentenced Jefferson to 77 years to life. We affirmed the judgment in an unpublished opinion. (People v. Jefferson (Dec. 9, 2009, B208908) [nonpub. opn.].)