People v. Rael CA2/8

Filed 6/20/23 P. v. Rael CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B308169

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA-106907-03 v.

LOUIS ALAN RAEL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles Count, Lee W. Tsao, Judge. Affirmed.

Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We affirm the order of the trial court denying appellant’s petition for resentencing. On January 31, 2011, a jury convicted appellant Louis Alan Rael of second degree murder and found a gang enhancement true. (Pen. Code1 §§ 187, subd. (a); 186.22, subd. (b)(1)(C).) Appellant was sentenced to state prison for 15 years to life, with minimum parole ineligibility of 15 years. On appeal, we modified the judgment by reversing the gang enhancement and striking the allegation and 15-year minimum parole eligibility requirement. As modified, we affirmed the judgment. (People v. Rael (Oct. 11, 2012, B232796) [nonpub. opn.].) As recited in our opinion affirming appellant’s conviction, appellant drove the actual killer to and from the crime scene where the victim was fatally shot. On February 25, 2019, appellant filed a petition for resentencing pursuant to section 1170.95, now section 1172.6. (Stats. 2022, ch. 58, § 10.) On September 23, 2020, the trial court summarily denied the petition and appellant timely appealed. The trial court found appellant ineligible for resentencing because he was not prosecuted under the felony murder or natural and probable consequences theories of liability. Appellant filed a timely notice of appeal. We appointed counsel to represent appellant on appeal. On March 4, 2021, counsel filed a brief raising no issues. We dismissed appellant’s appeal. Appellant filed a petition for review.