People v. Young CA2/1

Filed 11/7/22 P. v. Young CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B317740

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. BA196110)

v.

EARL K. YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Affirmed. Earl K. Young, in propria persona; and Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Earl Young was convicted of murder and attempted premeditated murder, among other convictions, based on his participation in a 1999 home invasion. In 2021, Young asked the trial court to set aside his murder and attempted murder convictions under Penal Code, section 1172.61 and to allow him to be present for all further section 1172.6 proceedings.2 The trial court reviewed Young’s record of conviction and determined that, as the actual shooter in the incident, Young had not made the prima facie showing required by section 1172.6. On that basis, the trial court denied Young’s section 1172.6 petition, and this appeal followed. Based on our independent review of the record under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano), we affirm the trial court’s orders.

BACKGROUND Earl Young murdered Carlos Amador (by shooting him in the head) and attempted to murder Carlos’s brother, Jorge, when Young and a codefendant robbed the Amadors’ home on November 13, 1999.3 (People v. Young (Jan. 31, 2005, B168977)