People v. Stevenson CA5

Filed 12/29/22 P. v. Stevenson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F081656 Plaintiff and Respondent, (Super. Ct. No. CF02671870) v.

DARRYL STEVENSON, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Robert L. Hernandez, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and DeSantos, J.

Defendant Darryl Stevenson, Jr., appeals the trial court’s order denying his petition pursuant to Penal Code section 1170.95,1 seeking the vacatur of his conviction for second degree murder and resentencing. Our review of the record and recent changes in the law on this issue lead us to conclude this matter must be reversed and remanded for further proceedings below. BACKGROUND In April 2002, defendant drove John Shepheard to a location where Shepheard immediately engaged in a fight with Burnest Williams. After watching the fight for a while, defendant retrieved a handgun from a truck and pointed it at the head of K.R. K.R. alerted Williams that defendant had a gun. The fighting stopped, and Shepheard told defendant to put the gun down as he only wanted to fist fight. After defendant returned the gun to the truck, Williams started to fight with defendant. At this point, Shepheard retrieved the gun from the truck and fired two shots into the air, telling the crowd to “back up.” Defendant and Shepheard then returned to the truck. As soon as defendant started the truck, he turned it around, jumped a curb, and started driving toward Williams and K.R. While K.R. was hit, he was able to run away. Williams, however, was pinned under the truck. Shepheard then reached out of the passenger side window with a gun and shot Williams four or five times. Williams died from the gunshot wounds. In January 2003, defendant was convicted of second degree murder after the jury was given an instruction utilizing the “natural and probable consequences” doctrine. Defendant was eventually sentenced to 15 years to life for the second degree murder conviction and an additional year for a firearm enhancement, which would run consecutive to the main term.