People v. Cheshire CA2/4

Filed 6/26/23 P. v. Cheshire CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B323343

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA443099) v.

ANDREW EARL CHESHIRE,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Dismissed. Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Andrew Earl Cheshire appeals from a postjudgment order denying his second petition for resentencing under former Penal Code section 1170.95 (now § 1172.6).1 Appellate counsel filed a brief raising no issues and requesting that we proceed under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Appellant did not submit a supplemental brief or filing. We dismiss the appeal as abandoned.

BACKGROUND AND DISCUSSION In 2017, a jury convicted appellant of one count of attempted murder (§§ 187, subd. (a) & 664), one count of pimping (§ 266h, subd. (a)), and one count of human trafficking of a minor (§ 236.1, subd. (c)(1)). The jury also found true the allegations that appellant personally and intentionally discharged a firearm causing great bodily injury during the commission of attempted murder (§§ 12022.53, subds. (c), (d)). Appellant was sentenced to an overall term of 75 years to life plus 12 years. In 2019, we affirmed appellant’s convictions but remanded the matter to correct an error in custody credits and permit the court to exercise its newly authorized discretion to strike a firearm enhancement. (People v. Cheshire (May 22, 2019, B286902) [nonpub. opn.] (Cheshire I).) Thereafter, the trial court awarded custody credits but left intact the firearm