People v. Krasnoperov CA4/3

Filed 4/10/23 P. v. Krasnoperov 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061802

v. (Super. Ct. No. 07NF2178)

VITALIY KRASNOPEROV, OPI NION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Robert A. Knox, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Vitaliy Krasnoperov appeals from the trial court’s summary denial of his petition for resentencing (Petition) under Penal Code section 1170.95.1 A 2008 complaint charged defendant and others with special-circumstance murder (§§ 187, subd. (a); 190.2, subd. (a)), attempted murder (§§ 187, subd. (a), 664, subd. (a)) and conspiracy to commit murder (§ 182, subd. (a)(1)). Following two trials, a jury convicted defendant on all three counts. The court sentenced him to life without the possibility of parole. We reversed the convictions on appeal in an unpublished opinion.2 (People v. Krasnoperov (Jan. 15, 2015, G047719) [nonpub. opn.].) After a third trial in 2016, a jury convicted defendant of conspiracy to commit murder; it was unable to reach a verdict on the other charged counts. The court sentenced defendant to a prison term of 25 years to life. Defendant waived his right to appeal from the conviction, and the court granted the prosecution’s request to dismiss the murder and attempted murder charges against him, along with the associated enhancements. In 2022, defendant filed the Petition seeking resentencing and the trial court appointed him counsel. The People responded to the Petition, arguing defendant was not eligible for relief because conspiracy to commit murder is not a crime to which section 1172.6 applies. Ultimately, the court summarily denied the Petition based on the same reasoning.