People v. Allen CA2/8

California Court of Appeal Mar 21, 2023 No. B324094Unpublished

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Holding. The court held that the defendant is ineligible for relief under the Racial Justice Act because his judgment of conviction became final in 2010, prior to the Act's enactment.

Issues

Whether the defendant is entitled to relief under the Racial Justice Act (Penal Code sections 745 and 1473.7) for a conviction that became final in 2010.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the Racial Justice Act applies only to “all cases in which judgment is not final.””

“Appellant’s judgment is final and he is not eligible for relief under the Racial Justice Act.”

Filed 3/21/23 P. v. Allen CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B324094

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA084884 v.

RODZINSKI ALLEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. We affirm. PROCEDURAL BACKGROUND On November 21, 2007, a jury convicted appellant Rodzinski Allen of second degree murder in violation of Penal Code section 187, subdivision (a).1 The jury found true the allegation that appellant personally and intentionally discharged a firearm, which proximately caused great bodily injury and death. (§ 12022.53, subd. (d).) In a bifurcated court trial, the trial court found appellant suffered a prior strike conviction (§§ 1170.12, subds. (a)–(d) & 667, subd. (b)–(i)); a serious felony (§ 667, subd. (a)(1)), and a prior prison term (§ 667.5, subd. (b)). On December 14, 2007, the trial court sentenced appellant to a term of 61 years to life in state prison. This aggregate sentence included 15 years to life for the murder (doubled to 30 years for the strike), plus 25 years to life for the firearm enhancement, plus five years for the serious felony enhancement plus one year for the prior prison term. On July 25, 2022, appellant filed a motion to vacate sentence under California’s Racial Justice Act. (§§ 745 & 1473.7.) The trial court denied the motion, finding appellant had not made a prima facie showing under the Act. Appellant filed a timely notice of appeal. We appointed counsel to represent appellant on appeal. On February 2, 2023, counsel filed a brief under People v. Serrano (2012) 211 Cal.App.4th 496. The brief raised no issues. Counsel advised us she had told appellant he may file a supplemental

People v. Allen CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B324094

RODZINSKI ALLEN,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

STRATTON, P. J.

GRIMES, J.

VIRAMONTES, J.

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