People v. Pamphile CA2/2

Filed 5/11/23 P. v. Pamphile CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B322919

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054680) v.

YAHVAH PAMPHILE,

Defendant and Appellant.

THE COURT:

Yahvah Pamphile (defendant) appeals the order of the superior court summarily denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2 We

1 All further statutory references are to the Penal Code unless otherwise indicated.

appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. Our Supreme Court has established a procedural framework to follow when appointed counsel finds no arguable issues. (People v. Delgadillo (2022) 14 Cal.5th 216, 221-222 (Delgadillo).) Under that framework, we gave notice to defendant that he had the right to file a supplemental letter or brief, or his appeal could be dismissed. He filed a 32-page supplemental brief raising several issues, so we have issued an opinion evaluating his arguments. (See id. at p. 232.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. 3 BACKGROUND While two members of street gangs got into a fistfight outside of a bar in Lancaster, California, defendant walked up to another onlooker, pulled out a gun, and shot him in the back of the head. Defendant was convicted by jury of first degree murder (§ 187, subd. (a)). The jury also found true the allegations that defendant personally discharged a firearm causing death (§ 12022.53, subd. (d)), and that the crime was committed for the