People v. Horton CA2/7

California Court of Appeal May 19, 2022 No. B315189Unpublished

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Holding. The court affirmed the denial of the defendant's motion to strike a firearm-use enhancement, holding that the defendant was not entitled to the retroactive benefits of Senate Bill No. 620 because his conviction was final before the law's effective date.

Issues

Whether the defendant is entitled to the retroactive application of Senate Bill No. 620 to strike a firearm-use enhancement.
Whether the defendant is entitled to the retroactive application of other sentencing reforms, including Senate Bill No. 1393 and Assembly Bill No. 333.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Senate Bill 620’s amendment to section 12022.53, subdivision (h), does not apply to individuals whose cases were final on appeal before its January 1, 2018 effective date.”

“Horton’s conviction was final several years before Senate Bill 620’s effective date”

“Because Horton’s judgment was final before the effective date of these ameliorative changes to California law, he will confront the same issue of retroactivity as he did with Senate Bill 620.”

Filed 5/19/22 P. v. Horton CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B315189

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA104028) v.

MICHAEL HORTON,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Allen J. Webster Jr., Judge. Affirmed. David L. Polsky, under appointment by the Court of Appeal; Michael J. Horton, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Michael Horton was convicted in 2011 of two counts of attempted deliberate, willful and premediated murder (Pen. Code, §§ 187, subd. (a), 664)1 and one count of unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), with true findings as to each count of attempted murder that the crimes had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)) and as to one count that Horton had personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). He was sentenced as a second strike offender to an aggregate indeterminate state prison term of 99 years to life, including a 25-year-to-life firearm-use enhancement pursuant to section 12022.53, subdivision (d). On September 16, 2021 the superior court denied Horton’s postjudgment motion to strike the section 12022.53, subdivision (d), firearm-use enhancement pursuant to Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682, § 2) (Senate Bill 620), effective January 1, 2018. No arguable issues relating to this order have been identified following review of the record by Horton’s appointed appellate counsel or by Horton in his supplemental letter brief to this court. We also have identified no arguable issues after our own independent review of the record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Horton was convicted following a jury trial of one count of attempted murder for shooting Travion Jackson on November 17, 2008 and a second count of attempted murder for stabbing a fellow gang member with a knife on November 28, 2006. The

People v. Horton CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B315189

MICHAEL HORTON,

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