People v. Clay CA2/4

Filed 11/3/21 P. v. Clay CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B306630

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA467162 v.

TYESHON CLAY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Daniel Milchiker, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging defendant and appellant Tyeshon T. Clay with attempted murder (Pen. Code,1 §§ 664/187; count one), arson of an inhabited structure (§ 451, subd. (b)), and arson causing great bodily injury (§ 451, subd. (a)). The information further alleged Clay personally inflicted great bodily injury in the commission of counts one and two (§ 12022.7, subd. (e)), personally used a deadly or dangerous weapon in the commission of counts one through three (§ 12022, subd. (b)(1)), sustained two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)), and sustained two prior serious felony convictions (§ 667, subd. (a)(1)). The jury found Clay guilty on counts one and three, and acquitted him on count two. It also found he personally used a deadly or dangerous weapon in the commission of counts one and three, and personally inflicted great bodily injury in the commission of count one. At a bifurcated court trial, Clay admitted he sustained a prior strike conviction. The trial court sentenced Clay to 29 years in state prison, consisting of an upper term of 9 years on count one, doubled to 18 years for the prior strike allegation, plus 5 years for the great bodily injury allegation, 5 years for the prior serious felony allegation, and 1 year for the weapon allegation. The court imposed a 19-year sentence on count three, but stayed it under section 654. Clay timely appealed, and we appointed counsel to represent him. On April 19, 2021, appellate counsel filed a brief