People v. Lawson CA2/3

Filed 7/9/21 P. v. Lawson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B309899

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA145980) v.

KARNELL SEAN LAWSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ricardo R. Ocampo, Judge. Affirmed. Richard B. Lennon and Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Karnell Sean Lawson appeals from an order summarily denying his petition for resentencing pursuant to Penal Code section 1170.95.1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND On October 23, 2018, Lawson, along with multiple codefendants, was charged in an information with one count of special circumstances murder (§§ 187, subd. (a), 190.2, subds. (a)(21), (a)(22)), three counts of attempted murder (§§ 664, 187, subd. (a)), one count of shooting at an occupied vehicle (§ 246), and one count of shooting at an inhabited dwelling (§ 246). Gang enhancements (§ 186.22, subd. (b)) and firearm enhancements (§ 12022.53, subd. (d)) were alleged as to each count. On November 25, 2019, pursuant to a plea agreement, Lawson was convicted of one count of voluntary manslaughter (§ 192, subd. (a)) and three counts of attempted murder (§§ 664, 187, subd. (a)). On February 21, 2020, the trial court sentenced Lawson to a determinate term of 28 years, consisting of 21 years on the voluntary manslaughter count and consecutive terms of two years and four months on each of the attempted murder counts. The court dismissed the remaining counts against Lawson pursuant to the plea agreement based on his truthful testimony. On October 15, 2020, Lawson filed a petition for resentencing pursuant to section 1170.95. In his petition, Lawson alleged that he had been charged in an accusatory pleading with murder under a theory of felony murder or the