People v. Brumfield CA2/8

Filed 3/23/22 P. v. Brumfield CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B308605

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA232436) v.

ANTHONY RAY BRUMFIELD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael E. Pastor, Judge. Affirmed.

Daniel King for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________ In 2004, a jury convicted appellant Anthony Brumfield of first degree murder and found true the special circumstance that

the murder was intentional and committed by shooting from a motor vehicle at another person outside the vehicle with the intent to inflict death. (Pen. Code,1 §§ 187, subd. (a), 190.2, subd. (a)(21).) The jury found not true the allegation that appellant used and discharged a firearm and that he acted for the benefit of a gang. In 2006, we affirmed the conviction on direct appeal. (People v. Brumfield (Nov. 27, 2006, B182910) [nonpub opn.].) On December 19, 2019, appellant through counsel filed a section 1170.95 petition for resentencing. He alleged he had been convicted of murder but could not be so convicted today under the statutory changes made by Senate Bill No. 1437. The trial court denied the petition without issuing an order to show cause. The court found appellant had failed to show prima facie that he had been convicted under either the felony murder rule or the natural and probable consequences doctrine, the two theories Senate Bill No. 1437 eliminated as bases of liability for murder. Appellant filed a timely notice of appeal. We affirm.