People v. Odinma CA1/1

Filed 5/17/23 P. v. Odinma CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A165886 v. FRANKLIN ODINMA, (Alameda County Super. Ct. No. 178765) Defendant and Appellant.

Defendant Franklin Odinma appeals from the denial of his petition for resentencing under Penal Code1 former section 1170.95, now section 1172.6, based on changes in the law governing murder. Odinma’s appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216, 221–222 (Delgadillo), which established the procedural framework for appellate courts to follow when counsel finds no arguable issues in a section 1172.6 appeal. Under that framework, we gave Odinma notice that he had a right to file a supplemental brief or his appeal could be dismissed. (See Delgadillo, at pp. 231–232.) Odinma filed a letter raising several issues, requiring us to issue an opinion evaluating them. (See Delgadillo, supra, 14 Cal.5th at p. 232.) His claims fail since he is categorically ineligible for relief under section 1172.6,

1 All further statutory references are to the Penal Code.

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which applies only to petitioners convicted of murder, attempted murder, or manslaughter. (§ 1172.6, subd. (a).) Although it appears that Odinma was initially charged with attempted murder, under a plea agreement he was convicted of only second degree robbery and assault with a semiautomatic firearm. Accordingly, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND In the spring of 2016, Odinma arranged through Craigslist to sell a car to another man, the first victim.2 On March 15, the two met in Hayward. The victim was accompanied by his wife and two young children. After he talked to Odinma and became suspicious that the car was stolen, he returned to his own vehicle, where his family was waiting. Odinma followed him and pointed a gun at him, threatening to kill him unless he gave Odinma the money. The victim stated he did not have cash on him, at which point Odinma reached into the victim’s vehicle and “went through [his] wife’s purse.” The victim then grabbed the gun and directed it away from him and his family before driving away. As the family left, Odinma fired one shot, striking the victim’s arm. Five days later, on March 20, Odinma met in Oakland with the other two victims, a man and his son, to sell them a car. After they paid Odinma, he tried to drive away in the car, but one of the men prevented him from doing so. When that man attempted to recover the money, Odinma “resisted, brandished a gun, hit [him] over the head with the gun, and bit [him], twice.” Odinma also hit the other man with the gun and punched him in the chest. A few days later, Odinma was arrested.