People v. Lawrie CA4/1

Filed 6/7/23 P. v. Lawrie CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080989

Plaintiff and Respondent,

v. (Super. Ct. No. SCN160404)

MATTHEW A. LAWRIE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Kelly C. Mok, Judge. Affirmed. Matthew A. Lawrie, in pro. per.; and Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This appeal is from the denial of a second petition for resentencing

under Penal Code1 section 1170.95 (now renumbered section 1172.6). The denial of the first petition was affirmed by this court. Nothing has changed from the time of the first petition. Appellant remains as the actual killer of

1 All further statutory references are to the Penal Code.

the victim, and he also remains ineligible for resentencing under this statute. We will again affirm the denial of this successive petition. PROCEDURAL BACKGROUND In 2006, a jury convicted Matthew A. Lawrie of first degree murder (§ 187, subd. (a)) and found he personally discharged a firearm causing death or great bodily injury (§ 12022.53, subd. (d)). Lawrie was sentenced to an indeterminate term of 50 years to life in prison. Lawrie appealed and this court affirmed his conviction in an unpublished opinion. (People v. Lawrie (Jan. 16, 2009, D050998).) In 2019, Lawrie filed his first petition for resentencing under section 1172.6. The trial court denied the petition on the grounds Lawrie was the actual killer and was therefore not eligible for relief. This court affirmed the order denying relief in an unpublished opinion. (People v. Lawrie (Mar. 13, 2020, D076835).) In 2022, Lawrie filed his second petition for resentencing under section 1172.6. The trial court again denied the petition on the grounds Lawrie was not prosecuted as an aider and abettor, he was the actual killer and that the jury was not instructed on theories of liability under the felony