People v. Palmer CA2/6

Filed 7/27/21 P. v. Palmer CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE OF THE STATE 2d Crim. No. B308952 OF CALIFORNIA, (Super. Ct. No. MA071018) (Los Angeles County) Plaintiff and Respondent,

v.

SAMUEL DWAYNE PALMER,

Defendant and Appellant.

Appellant Samuel Dwayne Palmer was convicted of attempted willful, deliberate and premeditated murder (Pen. Code,1 §§ 187, subd. (a), 664), shooting at an inhabited dwelling (§ 246), being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and unlawful possession of ammunition (§ 30305, subd. (a)(1)). The jury found true an allegation that appellant personally discharged a firearm in committing the attempted

Unless otherwise noted, all statutory references are to the 1

Penal Code.

murder (§ 12022.53, subds. (b), (c)), and he admitted having a prior serious felony conviction that also qualified as a strike (§§ 667, subds. (a)(1), (b)-(j), 1170.12, subds. (a)-(d)). The trial court sentenced him to an aggregate term of 14 years to life plus 25 years in state prison, which includes a five-year prior serious felony enhancement pursuant to section 667, subdivision (a)(1). In appellant’s prior appeal from the judgment, we remanded for the trial court to decide whether to exercise its discretion to strike the five-year prior serious felony enhancement in the interests of justice pursuant to Senate Bill No. 1393, which went into effect on January 1, 2019. (People v. Palmer (Sept. 25, 2019, B289617 [nonpub. opn.].) Following a hearing on remand, the trial court declined to exercise its discretion to strike the enhancement. Appellant contends the court’s ruling amounts to an abuse of discretion. We affirm. STATEMENT OF FACTS2 On the night of April 14, 2017, Gregory Robinson’s family held a going away party for him at the Palmdale home of his girlfriend Andrea Burton. Appellant, a member of the Harlem Crip Rolling 30’s gang, came to the party uninvited along with his adult son Samuaje. Appellant was in the front yard drinking alcohol when his girlfriend Moneak Johnson arrived. As soon as Johnson entered the front yard, appellant began hitting her in the face and chest. Burton asked appellant to leave but he refused. Appellant continued to hit Johnson and eventually knocked her to the