People v. McDaniels CA2/4

Filed 3/3/22 P. v. McDaniels CA2/4 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B305707

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA073596) v.

RASHON TREMAIN McDANIELS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Rashon Tremain McDaniels, in pro. per.; Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Amanda V. Lopez and Paul S.

Thies, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION In a prior opinion regarding this appeal from the denial of a petition for relief under Penal Code section 1170.95, we concluded appellant Rashon Tremain McDaniels was ineligible for relief as a matter of law, and therefore affirmed.1 Our Supreme Court granted review and transferred the matter back to this court, with directions that we vacate our prior decision and reconsider the cause in light of Senate Bill No. 775 (Reg. Sess. 2021-2022) (SB 775). After reconsidering the cause, we conclude that appellant remains ineligible for relief as a matter of law. We therefore affirm.

BACKGROUND In 2010, a jury found appellant and a co-defendant guilty of premeditated attempted murder and shooting at an inhabited dwelling. The trial court had instructed the jury that to be guilty of attempted murder, the defendant must