People v. Scott CA2/8

Filed 4/29/22 P. v. Scott CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B311829

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA098295) v.

ANTHONY JAMES SCOTT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Judith L. Meyer, Judge. Affirmed.

Tanya Dellaca, 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, Assistant Attorney General, Idan Ivri and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Anthony James Scott appeals from the denial of his petition for resentencing pursuant to Penal Code section 1170.95. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged by information with six felony counts: one count of murder with a robbery-murder special circumstance allegation (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17); count 1), two counts of first degree robbery (§§ 211, 213, subd. (a)(1)(A); counts 2 & 3), two counts of attempted first degree robbery (§§ 211, 213, subd. (a)(1)(A), 664; counts 4 & 5), and one count of illegal possession of a firearm by a convicted felon (§ 29800, subd. (a)(1); count 6). Firearm enhancements were alleged as to counts 1 through 5. (§ 12022.53, subds. (b)– (d).) It was further alleged defendant had suffered two prior strikes within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12) and section 667, subdivision (a)(1), and five prior state prison commitments within the meaning of section 667.5, subdivision (b). The charges arose from a 2013 home invasion robbery. In the early morning hours of January 21, 2013, Lillian B., Ronald W., J.S., Corey H., Deon H., and Jerome W. were at Lillian’s apartment. (People v. Scott (Apr. 27, 2018, B276990) [nonpub. opn.].) At approximately 3:00 a.m., there was a knock at the door. When Lillian opened it, two men pushed their way into the apartment. Both men had their faces covered. The first man was unarmed. The second man, wearing a dark do-rag or scarf over his face and gloves with a “Steelers” logo, waved a gun at the victims and said something to the effect that “this is a robbery” and “give it up” and instructed everyone to get on the