In re Courtney CA3

Filed 5/13/22 In re Courtney CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

C095212

In re DERRICK COURTNEY, (Super. Ct. No. 20HC00556)

On Habeas Corpus. ORDER MODIFYING OPINION

[CHANGE IN JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on April 25, 2022, be modified as follows:

On page 4, following the last sentence ending with “under the present versions of sections 188 and 189” the following sentence is added:

This court’s opinion is final forthwith as to this court pursuant to rule 8.387(b)(3)(A) of the California Rules of Court.

1

This modification changes the judgment.

FOR THE COURT:

/s/ ROBIE, Acting P. J.

/s/ HOCH, J.

/s/ KRAUSE, J.

2

Filed 4/25/22 In re Courtney CA3 (unmodified opinion) NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re DERRICK COURTNEY, C095212

On Habeas Corpus. (Super. Ct. No. 20HC00556)

BACKGROUND In 2005, a jury found petitioner Derrick Courtney guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189)1 with a finding that a principal was armed with a firearm in the commission of the offense (§ 12022.2, subd. (a)(1)). Later, after finding true a special circumstance allegation that defendant had a prior conviction for first degree murder (§ 190.2, subd. (a)(2)), the trial court sentenced petitioner to state prison for life without the possibility of parole plus an additional year for the section 12022.2 finding. (People v. Courtney (Jan. 4, 2008, C051548) [nonpub. opn.].)