People v. Logan CA3

Filed 2/28/22 P. v. Logan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C093291

Plaintiff and Respondent, (Super. Ct. No. 12F05640)

v.

MARCUS LOGAN,

Defendant and Appellant.

In November 2014, a jury found defendant Marcus Logan guilty of second degree murder. The trial court sentenced defendant to 15 years to life in state prison. We affirmed that judgment in an unpublished opinion. (People v. Logan et al. (May 22, 2017, C078017) [nonpub. opn.] (Logan).)

1

Defendant appeals from a postjudgment order denying his petition for resentencing on his murder conviction under Penal Code section 1170.95. 1 He argues the trial court erred in dismissing his petition without issuing an order to show cause. We affirm the trial court’s order. BACKGROUND In September 2014, the People charged defendant with first degree murder (§ 187) and attempted robbery (§§ 211, 664). The People alleged the murder was committed during the course of the attempted robbery. (§ 190.2, subd. (a)(17).) To convict defendant of murder, the jury was instructed on first degree murder (CALCRIM No. 521), first degree felony murder (CALCRIM No. 540B), first and second degree murder with malice aforethought (CALCRIM No. 520), and aiding and abetting (CALCRIM No. 400). As noted in our opinion on appeal, the jury was not instructed on the natural and probable consequences theory of murder. (See Logan, supra, C078017.) After six days of deliberation, the jury found defendant not guilty of first degree murder but guilty of second degree murder. The jury could not reach a verdict on the charge of attempted robbery, nor could they reach a finding on the special circumstance allegation that the murder was committed during an attempted robbery. The court declared a mistrial as to that charge and allegation. The court sentenced defendant to a term of 15 years to life in state prison. Defendant appealed, and in May 2017, we affirmed his conviction in an unpublished opinion. (Logan, supra, C078017.)