People v. Leon CA2/5

California Court of Appeal Jun 23, 2022 No. B304478AUnpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that while the trial court erred by failing to appoint counsel for the defendant's resentencing petition, the error was harmless because the defendant was ineligible for relief as a matter of law as his conviction did not involve the natural and probable consequences doctrine.

Issues

Whether the trial court erred in summarily denying a petition for resentencing without appointing counsel.
Whether the defendant is eligible for resentencing under Penal Code section 1170.95 for an attempted murder conviction not based on the natural and probable consequences doctrine.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Having reconsidered the cause and concluded that defendant remains ineligible for relief as a matter of law, we affirm.”

“The erroneous failure to appoint counsel under section 1170.95 is reviewed for prejudice under People v. Watson (1956) 46 Cal.2d 818, 836.”

“Because the trial court did not instruct the jury on and defendant was not convicted of attempted murder under the natural and probable consequences doctrine, defendant was ineligible for section 1170.95 resentencing as a matter of law.”

Filed 6/23/22 P. v. Leon CA2/5 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B304478

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA085870) v.

ROBERT LEON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Zee Rodriguez, Charles S. Lee, Idan Ivri, and Paul S. Thies, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

On January 14, 2021, we affirmed the trial court’s denial of defendant and appellant Robert Leon’s Senate Bill No. 1437 (Senate Bill 1437) and Penal Code section 1170.951 petition for resentencing. On March 24, 2021, the California Supreme Court granted defendant’s petition for review. On January 26, 2022, the Supreme Court transferred the cause back with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 775 (Senate Bill 775) (Stats. 2021, ch. 551) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). Having reconsidered the cause and concluded that defendant remains ineligible for relief as a matter of law, we affirm.

People v. Leon CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B304478

ROBERT LEON,

I. INTRODUCTION

More from California Court of Appeal

Related research

III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

MOOR, J.

AI Brief