People v. Lynex CA2/1

Filed 3/28/23 P. v. Lynex CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B321620

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA034126) v.

TOMMIE LAWSON LYNEX,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Reversed. Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General for Plaintiff and Respondent.

______________________________

In October 2000, a jury convicted defendant and appellant Tommie Lawson Lynex of first degree murder. The trial judge sentenced him to 50 years to life in prison. More than 20 years later, Lynex filed a motion in the superior court pursuant to Penal Code section 1203.01, subdivision (a),1 seeking to correct and supplement his postconviction record in advance of his June 2022 parole hearing. The prosecution did not file any response. Reasoning that it lacked authority to consider Lynex’s request, the superior court denied the motion without a hearing. Lynex appeals the denial. The Attorney General concedes that the superior court erred in determining that it lacked authority to entertain the motion, and we agree. We therefore remand the matter to the superior court with instructions that it hold a hearing to consider

1 Subsequent unspecified statutory references are to the Penal Code. Section 1203.01, subdivision (a) provides, in relevant part: “Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed, together with any reports the probation officer may have filed relative to the prisoner. The judge and district attorney shall cause those statements to be filed if no probation officer’s report has been filed. The attorney for the defendant and the law enforcement agency that investigated the case may likewise file with the clerk of the court statements of their views respecting the defendant and the crime of which they were convicted. Immediately after the filing of those statements and reports, the clerk of the court shall mail a copy thereof, certified by that clerk, with postage prepaid, addressed to the Department of Corrections and Rehabilitation at the prison or other institution to which the person convicted is delivered.” (§ 1203.01, subd. (a).)