People v. Bryant CA2/2

Filed 3/9/22 P. v. Bryant CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B315034

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA016309) v.

ERIC BRYANT,

Defendant and Appellant.

THE COURT:* Defendant and appellant Eric Bryant appeals from the order denying his petition for vacatur and resentencing under Penal Code section 1170.95.1 In 1992 defendant and codefendant Michael Black were charged with two counts of willful, deliberate, premeditated attempted murder in violation of Penal Code sections 664 and 187, subdivision (a). The information also alleged that in the

1 All further statutory references are to the Penal Code, unless otherwise indicated.

commission of both crimes a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1). After a jury trial, defendant and Black were found guilty of both counts of attempted murder as charged. The jury found true that a principal had been armed with a firearm. The trial court sentenced defendant on each count to prison for life plus one year for the firearm enhancement and stayed the sentence on count 2. The judgment was affirmed on appeal. (See People v. Black (Nov. 3, 1993, B069290) [nonpub. opn.].) The evidence at trial established that in December 1991, Isaiah Gupton and his passenger Antwone Sanford stopped at a gas station in Compton. With Black in the passenger seat, defendant drove up beside Gupton and Sanford. Black fired three shots at them with a .32-caliber revolver. Gupton tried to drive away; but defendant drove in front of him, blocking his escape. Black fired several more shots before both cars drove off in separate directions. Sanford suffered gunshot wounds to the nose and cheek. There were bullet holes in Sanford’s headrest and in Gupton’s windshield. The police were notified. Defendant’s car was stopped, and within a half-hour Gupton identified Black, defendant, and defendant’s car. Defendant presented a defense of mistaken identity. In January 2021 defendant filed, pro. per., a petition for resentencing pursuant to section 1170.95, alleging that he had been convicted of attempted murder under the felony-murder rule. Defendant attached to his petition a copy of the preliminary hearing transcript from the record of his conviction and the affidavit of Black stating that at the time the crimes were committed defendant was unaware that Black was armed; did