People v. Olson CA3

Filed 3/2/23 P. v. Olson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C096870

Plaintiff and Respondent, (Super. Ct. No. 02F09553)

v.

LLOYD RALPH OLSON II,

Defendant and Appellant.

In 2003, defendant Lloyd Ralph Olson II1 was convicted of attempted murder and sentenced to prison for 32 years to life. In February 2022, defendant petitioned for

1 Defendant’s name appears several different ways throughout the record. While the notice of appeal filed in this case lists defendant’s name as “Lloyd Olson,” the original abstract of judgment uses “Lloyd Ralph Olson II.” We use the latter name in this opinion.

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resentencing under Penal Code2 section 1172.6.3 The trial court denied defendant’s petition in August 2022, finding him ineligible for relief because (1) defendant testified at trial that he personally shot the victim and (2) the jury was not instructed on the natural or probable consequences theory. On appeal, defendant challenges the trial court’s order, arguing it erroneously relied on the facts as stated in our 2005 opinion from his appeal of his original convictions. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Given the nature of the instant appeal, a detailed recitation of the facts underlying defendant’s convictions is unnecessary. It suffices to say that the victim got into an argument with an acquaintance of defendant, and defendant shot the victim. At trial, defendant argued he acted in self-defense. A jury found defendant guilty of attempted murder and discharging a firearm at an occupied motor vehicle. The jury also found true as to both offenses that he had personally and intentionally discharged a firearm that proximately caused great bodily injury. The trial court sentenced defendant to prison for an indeterminate term of 25 years to life and a determinate seven-year term, and we affirmed the judgment on appeal. (People v. Olson (June 23, 2005, C045591) [nonpub. opn.].) In February 2022, defendant filed a petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015). He argued that an information had been filed against him that allowed the prosecution to proceed under a