People v. Duncan CA2/4

Filed 5/23/22 P. v. Duncan CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B312562

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA213135 v.

CAESAR DUNCAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen A. Marcus. Affirmed. John Steinberg, 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, Senior Assistant Attorney General, Idan Ivri and Wyatt E. Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 2003, a jury convicted defendant and appellant Caesar Duncan of second-degree murder and conspiracy to commit murder. In 2019, Duncan filed a petition for resentencing under Penal Code section 1170.95.1 The trial court granted Duncan relief on the murder conviction, but concluded he was ineligible for relief as a matter of law on the conspiracy to commit murder conviction. On appeal, Duncan contends the trial court erred by denying him relief on the conspiracy to commit murder conviction, arguing the jury could have convicted him under the natural and probable consequences doctrine. We are not persuaded. On its face, section 1170.95 does not apply to convictions for conspiracy to commit murder. Moreover, Duncan’s conspiracy to commit murder conviction required a finding by the jury that he harbored the intent to kill, making him ineligible for relief under the statute. The order denying him relief on the conspiracy to commit murder conviction is therefore affirmed.

BACKGROUND2

As noted above, in 2003, a jury convicted Duncan of second- degree murder (§ 187, subd. (a); count one) and conspiracy to commit murder (§ 182, subd. (a)(1); count three). The jury also found various firearm allegations true on those counts, although