People v. Trotter CA2/3

Filed 9/3/21 P. v. Trotter CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B309637

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A570665) v.

ANTHONY GRAHAM TROTTER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Terry Lee Smerling, Judge. Affirmed. Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. —————————

Anthony Graham Trotter appeals from an order summarily denying his petition for resentencing pursuant to Penal Code1 section 1170.95. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Trotter admitted the murder and robbery of Charlene Belmer Hartsough while burglarizing her home, and he admitted personal use of a dangerous and deadly weapon. Trotter entered Hartsough’s home on the morning of April 23, 1986 by breaking a living room window. While Trotter was in the middle of the burglary, Hartsough returned home. Trotter killed Hartsough by strangling her with a telephone cord and bludgeoning her head with a candlestick. Trotter ransacked the house and took a video cassette recorder and Hartsough’s pearls. Trotter turned himself in to the police before the crime was discovered. (People v. Trotter (Oct. 29, 2003, B160437) [nonpub. opn.] at p. 1 (Trotter I).) In 1988, pursuant to a negotiated disposition in exchange for a life sentence without the possibility of parole, Trotter pleaded guilty to first degree murder in violation of section 187, subdivision (a), with allegations the murder was committed while he was engaged in the commission of a burglary and while he was engaged in the commission of a robbery, both special circumstances pursuant to section 190.2, subdivision (a)(17), and with the allegation he personally used a deadly and dangerous weapon within the meaning of section 12022, subdivision (b), to residential burglary in violation of section 459, and to robbery in violation of section 211. At the time of the plea, Trotter stated