People v. Sanders CA2/5

California Court of Appeal Nov 30, 2022 No. B319876Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding that substantial evidence supported the trial court's determination that the defendant was a major participant in the underlying robbery who acted with reckless indifference to human life.

Issues

Whether the trial court erred in denying a petition for resentencing under Penal Code section 1172.6 based on claims of trial error.
Whether the evidence was sufficient to support the trial court's finding that the defendant was a major participant in the robbery who acted with reckless indifference to human life.
Whether Penal Code section 1172.6 violates the Sixth Amendment by allowing a judge to determine eligibility for resentencing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Section 1172.6 “does not permit a petitioner to establish eligibility on the basis of alleged trial error.””

“substantial evidence supports the trial court’s finding that Sanders was a major participant in the underlying robbery, who acted with reckless indifference to human life.”

“the constitutional right to a jury trial does not attach where the issue is whether the petitioner is entitled to a reduced sentence, and not whether criminal liability should be imposed.”

Filed 11/30/22 P. v. Sanders CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B319876

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA059122) v.

RICKY SANDERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Affirmed. Ricky Sanders, in pro. per.; and Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Ricky Sanders appeals the trial court’s order denying his petition for vacatur of his murder conviction and resentencing under former Penal Code1 section 1170.95 (now § 1172.6),2 following issuance of an order to show cause and hearing pursuant to subdivision (d)(3). In 2001, the jury found Sanders guilty of first degree murder. (§ 187, subd. (a).) The jury found true the allegation that Sanders personally used and intentionally discharged a firearm in the commission of the offense (§ 12022.53, subd. (c)), and codefendant Andre Sheppard3 personally used and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)–(d)). The trial court sentenced Sanders to 25 years to life in prison, plus 20 years for the firearm enhancement. Sanders filed a petition for resentencing pursuant to section 1172.6 on January 7, 2019. The trial court found Sanders prima facie eligible for relief because he was tried under a felony murder theory of liability. The court issued an order to show cause and held an evidentiary hearing pursuant to section 1172.6, subdivision (d)(3). The superior court considered the record of conviction as well as new and additional evidence. On March 18, 2022, the court issued a written order denying Sanders’s petition on the basis that the evidence established beyond a reasonable doubt that he was a major participant in the

People v. Sanders CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B319876

RICKY SANDERS,

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