People v. Riser CA2/2

Filed 4/5/23 P. v. Riser CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B318427

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA075152) v.

DEANDRE BRANDON RISER,

Defendant and Appellant.

THE COURT:

Defendant and appellant Deandre Brandon Riser (defendant) appeals from the denial of his petition for vacatur of his murder conviction and for resentencing under Penal Code

former section 1170.95, now section 1172.6.1 As we conclude that the trial court did not err, we affirm the court’s order.

BACKGROUND In 2012 a jury convicted defendant of one count of first degree murder and eight counts of attempted willful, deliberate, and premeditated murder. The jury found true the special allegations that defendant personally used and intentionally discharged a firearm, causing great bodily injury or death to the victims, and that the crimes were committed in association with a criminal street gang. Defendant was sentenced to a term of 395 years to life in prison. After rejecting his claim that his jailhouse conversation was recorded in violation of the Fourth Amendment to the United States Constitution, we affirmed the judgment in People v. Riser et al. (Oct. 1, 2014, B245327) [nonpub. opn.]. After defendant’s conviction, the Legislature passed Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), amending sections 188 and 189, the laws pertaining to felony murder and murder under the natural and probable consequences doctrine, “to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f).) The Legislature also added what is now section 1172.6,