People v. Carnell CA2/8

Filed 3/23/22 P. v. Carnell CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B315035

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA075517) v.

ANTHONY CARNELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Lillian Vega Jacobs, Judge. Affirmed.

Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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In February 2003, defendant and appellant Anthony Carnell was involved, along with three codefendants, in a gang- related shooting that resulted in the death of an innocent bystander. Defendant and two of his fellow gang members, along with a female associate who drove them, were attempting to retaliate for the earlier shooting of another member of their gang. Once they arrived outside the home where they saw the rival gang members (including Jermaine Booth), defendant and codefendant Larry Harris got out of the car and both started shooting. Defendant’s handgun jammed, but Harris emptied his gun before the two jumped back in the car and they fled the scene. One of the bullets struck and killed an innocent bystander, Betty Jean Rothchild. Defendant and his codefendants were charged with multiple felonies, including the murder of Ms. Rothchild and the attempted murder of Mr. Booth. Various special allegations were pled, including that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. After defendant and his codefendants were arrested, defendant gave a recorded interview acknowledging his role in the shooting. Defendant entered into a leniency agreement with the district attorney’s office in which he agreed to plead guilty to one count of second degree murder and provide truthful testimony against his codefendants in exchange for a sentence of 15 years to life. On June 25, 2008, defendant signed a felony advisement and waiver form, waived his rights on the record and pled guilty to one count of second degree murder. The court found a factual basis for the plea. Thereafter, in accordance with the terms of the leniency agreement, defendant testified in the November 2008 trial against codefendant Harris. In December 2008, defendant was sentenced to 15 years to life in prison and credited with 2,417 days of presentence custody