People v. Riley CA4/1

Filed 8/26/21 P. v. Riley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078125

Plaintiff and Respondent,

v. (Super. Ct. No. FVI800042)

BRITIN AMIEL RILEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Eric M. Nakata, Judge. Reversed and remanded with directions. Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent.

In 2010, a jury convicted Britin Amiel Riley of one count of first degree

murder (Pen. Code,1 § 187, subd. (a)); five counts of attempted premeditated murder (§§ 187, subd. (a) and 664); two counts of shooting at an occupied vehicle (§ 246); and one count of street terrorism (§ 186.22, subd. (a)). The jury also found true the allegations that Riley had a strike prior (§ 667, subds. (b)-(i)) and a prison prior (§ 667.5, subd. (b)). The jury deadlocked on the allegation that Riley personally discharged a firearm causing death or great bodily injury (§ 12022.53, subd. (d)). The court sentenced Riley to an indeterminate term of 212 years to life in prison. Riley appealed and this court affirmed the judgment in an unpublished opinion. (People v. Riley (July 26, 2012, D058999) [nonpub. opn.].) In 2019, Riley file a pro. per. petition for resentencing under section 1170.95. The trial court found the statute unconstitutional and struck the petition. This court reversed and remanded the petition for further proceedings. (People v. Riley (Apr. 9, 2020, D076020) [nonpub. opn.].) Thereafter, the trial court denied the petition at the prima facie stage without issuing an order to show cause (OSC). Riley filed a timely notice of appeal. In his written order denying the petition the trial judge said: “The Court has received and reviewed a petition for recall and resentencing, pursuant to Penal Code Section 1170.95. The petition is summarily denied for the following reasons: