People v. Haun CA2/6

Filed 1/6/23 P. v. Haun CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B307581 (Super. Ct. No. CR39521) Plaintiff and Respondent, (Ventura County)

v.

DIANA J. HAUN,

Defendant and Appellant.

Diana J. Haun appeals the trial court’s summary denial of her motion for resentencing relief, rendered without appointment of counsel, pursuant to Penal Code section 1172.6 (formerly section 1170.95).1 We conclude that the court properly denied Haun’s motion because as an actual killer, she is ineligible for relief pursuant to sections 1172.6 and 189 as a matter of law. (People v. Lewis (2021) 11 Cal.5th 952, 959.)

1 All statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL HISTORY In 1997, a jury convicted Haun of first degree willful, premeditated, and deliberate murder of Sherri Dally, with a financial gain special circumstance. (§§ 187, subd. (a), 189, 190.2, subd. (a)(1).) The jury also convicted Haun of conspiracy to commit first degree murder and kidnapping. (§§ 182, subd. (a)(1), 207.) It found that she personally used a knife during commission of the offenses, but rejected allegations that she personally used an axe and that the killing was committed while lying in wait. (§§ 12022, subd. (b)(1), 190.2, subd. (a)(15).) After hearing the penalty phase of the prosecution, the jury returned a verdict setting Haun’s punishment as life without possibility of parole. (§ 190.3.) The trial court then imposed this sentence plus a consecutive one-year prison term for the personal knife use enhancement. The court stayed sentences regarding the remaining counts pursuant to section 654. Haun appealed. We affirmed the judgment in an unpublished opinion. (People v. Haun (Nov. 28, 2000, B118146).)2 On February 13, 2020, Haun, in propria persona, filed a lengthy petition to vacate her conviction pursuant to section 1172.6. The petition contained a detailed discussion of the evidence presented at trial and a request for appointment of counsel. Haun asserted that the prosecution proceeded pursuant to a theory of felony murder or her reckless indifference to human life. (§ 189, subd. (e)(3).) On September 3, 2020, the trial court denied Haun’s petition without appointing counsel. The court considered the charging document (amended indictment), jury instructions given