People v. Webb CA2/7

Filed 11/3/22 P. v. Webb CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B319013

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA084058) v.

RICHARD DEVONN WEBB,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed. Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury in 2012 convicted Richard Devonn Webb of the first degree murder of Dante Page Sr. with true findings that Webb had personally and intentionally discharged a firearm causing the death of his victim and the crime had been committed for the benefit of a criminal street gang. On February 28, 2022, after appointing counsel for Webb and receiving a responding brief from the prosecutor, the superior court denied Webb’s petition for resentencing pursuant to Penal Code former section 1170.95 (now section 1172.6),1 finding Webb had failed to make a prima facie case and was ineligible for relief as a matter of law because he had been convicted of first degree murder as the actual shooter, not on a theory of felony murder or natural and probable consequences. No arguable issues have been identified following review of the record by Webb’s appointed appellate counsel. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Webb in his supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Webb’s Conviction for the Murder of Dante Page Sr. The evidence at Webb’s trial established that the victim’s son, Dante Page Jr., had been Webb’s codefendant in an earlier murder case. With the encouragement of Page Sr., Page Jr. negotiated a resolution of his charges with the People and agreed