People v. Boyd CA4/3

Filed 3/9/23 P. v. Boyd CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061628

v. (Super. Ct. No. RIF1105003)

BOMANI LAWAN BOYD, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Riverside County, Judith C. Clark, Judge. Affirmed. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

This appeal is from an order denying appellant’s petition for resentencing 1 under former Penal Code section 1170.95. Appointed counsel filed a so-called Wende brief in which she advised us that, after thoroughly reviewing the record, she and another staff attorney at Appellate Defenders, Inc. had not uncovered any arguable issues to raise on appellant’s behalf. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) In response to our invitation, appellant filed a supplemental brief on his own behalf. Having considered appellant’s brief, and having reviewed the entire record as required under Wende, we conclude there is no arguable basis for disturbing the trial court’s ruling. Accordingly, we affirm its order denying appellant’s resentencing petition. PROCEDURAL BACKGROUND In 2012, appellant was convicted of two counts of attempted premeditated murder and street terrorism for shooting at two rival gang members. (§§ 664/187, subd. (a); 186.22, subd. (a).) The jury also found true allegations appellant personally discharged a firearm, caused great bodily injury, and acted for the benefit of a criminal street gang. (§§ 12022.53, subds. (c), (d); 12022.7, subd. (a).) The trial court sentenced him to prison for 55 years to life, plus a determinate term of 23 years. On appeal, we reversed appellant’s conviction for street terrorism because it was undisputed that he acted alone when he shot at the victims. (People v. Boyd (May 1, 2014, G049627) [nonpub. opn.].) But in all other respects, we affirmed the judgment. On January 14, 2022, appellant petitioned for resentencing under former section 1170.95. After appointing appellant an attorney, the trial court held a hearing on July 22. There were actually two matters on calendar that day, appellant’s resentencing petition and his request for a Franklin proceeding. (See People v. Franklin (2016) 63 Cal.4th 261 (Franklin) [qualified offenders are entitled to make a record of youth-related factors for use in their future parole hearings].) Not having read appellant’s case file, the