People v. Washington CA2/4

Filed 6/23/23 P. v. Washington CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B322462

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. YA038676)

v.

ARTIS MAURICE WASHINGTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Amy N. Carter, Judge. Affirmed. Kathleen Caverly, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Artis Washington appeals the denial of his petition for resentencing under Penal Code section 1172.6 (former section 1170.95).1 In 1998, appellant was convicted of first degree murder and attempted premeditated murder. We affirmed his conviction on appeal in our prior opinion, People v. Washington (Aug. 22, 2000, B139841) [nonpub. opn.]. In 2021, appellant filed a petition for resentencing under section 1172.6. The trial court denied the petition, finding that appellant was ineligible for relief. On appeal, appellant’s appointed counsel filed a brief raising no issues and requesting that this court independently review the record for arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have conducted an independent examination of the entire record pursuant to Wende, supra, 25 Cal.3d 436, and conclude no arguable issues exist. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND2 Appellant was a member of the Osage Legend Crips, a criminal street gang. On April 15, 1998, appellant pulled a semi- automatic gun from under his shirt and shot two young men in a car, one of whom was wearing a red shirt, after they denied being members of a rival Blood gang. One of the men was killed and

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We hereafter refer to the statute as section 1172.6. All further statutory references are to the Penal Code unless otherwise indicated. 2 On our own motion, we take judicial notice of our prior