People v. Polk CA2/7

Filed 11/15/21 P. v. Polk CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B306972

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA034657) v.

DARRYL JOHN POLK,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the Los Angeles County, Robert, J. Perry, Judge. Dismissed. Rudolph J. Alejo, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Phillip J. Lindsay, Senior Assistant Attorney General, Julie A. Malone, Supervising Deputy Attorney General, and Jennifer O. Cano, Deputy Attorney General, for Plaintiff and Respondent.

Darryl John Polk appeals the superior court’s denial of his postjudgment motion for a youth offender parole hearing. We dismiss the appeal, which was taken from a nonappealable order. PROCEDURAL BACKGROUND Polk was convicted in 1991 following a jury trial of two counts of first degree murder (Pen. Code, § 187, subd. (a)),1 two counts of first degree robbery (§ 211) and one count of first degree residential burglary (§ 459). As to the two murder counts the jury found true felony-murder and multiple-murder special- circumstance allegations (§ 190.2, subd. (a)(3) & (17)). The jury also found true firearm enhancement allegations (§§ 12022.5, 12022, subd. (a)) and the special allegation that Polk had suffered three prior felony convictions (§§ 667, subd. (a), 667.5, subd. (b)). The court sentenced Polk to two consecutive indeterminate state prison terms of life without parole plus a determinate nine-year state prison term. We affirmed the convictions and sentence on appeal. (People v. Polk (1996) 47 Cal.App.4th 944.) In May 2020 Polk, representing himself, filed a postjudgment motion in superior court for a youth offender parole hearing under section 3051. That section authorizes hearings for the purpose of reviewing the parole suitability of prisoners who were 25 years of age or younger at the time of their commitment offense during their 15th, 20th or 25th year of incarceration, depending on the offense, with several exceptions. (§ 3051, subds. (b), (h).) As to inmates sentenced to life without parole, only those who were under age 18 at the time of the controlling offense are eligible for such hearings. (§ 3051, subds. (b)(4), (h).) Polk, who asserts he was 25 years old at the time of the robbery