People v. Calderon CA2/5

Filed 4/19/22 P. v. Calderon CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B312516

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA033836) v.

ROLANDO CALDERON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Charles S. Lee, Jr. and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Rolando Calderon appeals from the trial court’s denial of his Senate Bill No. 1437 and Penal Code section 1170.951 petition for resentencing. He contends the court erred in summarily denying his petition without appointing counsel to represent him or allowing briefing. We affirm.

II. BACKGROUND

A jury convicted defendant of two counts of willful, deliberate, and premeditated attempted murder. (§§ 664/187, subd. (a).) The jury found true gang and firearm allegations. (§§ 186.22, subd. (b)(1); 12022.53, subds. (d) & (e)(1).) The trial court sentenced defendant to two consecutive life terms with 15- year minimum parole eligibility dates, consecutive to 25 years to life, consecutive to 20 years. On March 6, 2003, a prior panel of this division affirmed defendant’s judgment. (People v. Calderon (Mar. 6, 2003, B157399) [nonpub. opn.].) On April 1, 2021, defendant filed a petition for resentencing pursuant to Senate Bill No. 1437 and section 1170.95. In his petition, defendant requested the trial court appoint counsel for him “during resentencing.” On April 14, 2021, without the prosecution’s or defendant’s presence, and without appointing counsel for defendant, the court denied defendant’s petition. It ruled that defendant’s petition did not comply with subdivision (a) of section 1170.95 because it did not attach page two of the form petition and thus did not include the allegations that the prosecution proceeded under a theory of felony murder or murder