People v. Bellows CA2/2

Filed 9/22/21 P. v. Bellows CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B306995

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130645) v.

PATRICIA BELLOWS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Affirmed. Spolin Law and Aaron Spolin for Defendant and Appellant. Matthew Rodriquez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda Lopez and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Patricia Bellows (defendant) appeals from the summary denial of her petition for resentencing under Penal Code section 1170.95.1 She contends that the trial court erred in ruling that her convictions of attempted murder were ineligible for vacatur and resentencing as a matter of law. Finding defendant’s contention to be without merit, we affirm the trial court’s order.

BACKGROUND 2014 conviction In 2014, a jury convicted defendant of two counts of attempted murder in violation of sections 664 and 187, subdivision (a), and one count of shooting at an inhabited dwelling in violation of section 246. The jury found true the allegations that the attempted murders were willful, deliberate, and premeditated; that a principal personally and intentionally discharged a firearm; and that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. Defendant admitted prior convictions alleged under the “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)- (d)), and she was sentenced to a total aggregate prison term of 85 years to life. In 2016, this court affirmed the judgment on appeal People v. Bellows (June 24, 2016, B264633) (nonpub. opn.) (Bellows I),2 and the California Supreme Court denied review. (People v. Bellows (Oct. 12, 2016, S236217) [nonpub opn.]).