People v. Grandison CA3

Filed 6/29/23 P. v. Grandison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C097599

Plaintiff and Respondent, (Super. Ct. No. 08F05013)

v.

SHRERON GRANDISON,

Defendant and Appellant.

Defendant Shreron Grandison appeals from an order denying his petition to vacate his attempted murder conviction under Penal Code former section 1170.95 (now section 1172.6).1 Appointed counsel for defendant has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on

1 Undesignated statutory references are to the Penal Code. Defendant filed his petition in April 2022. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) Although defendant filed his petition under former section 1170.95, we will refer to the statute as section 1172.6 for consistency.

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appeal and defendant has filed a supplemental brief. (People v. Wende (1979) 25 Cal.3d 436 (Wende); People v. Delgadillo (2022) 14 Cal.5th 216.) We have considered defendant’s brief and will affirm the trial court’s order. BACKGROUND In 2009, a jury found defendant guilty of attempted murder (§§ 664, 187, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), burglary (§ 459), and misdemeanor child endangerment (§ 273a, subd. (b)). The jury also found true allegations defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) as to the attempted murder and assault counts, and that defendant personally used a deadly weapon, a knife, as to the attempted murder count (§ 12022, subd. (b)(1)). The jury also found true an allegation that the attempted murder was willful, deliberate, and premeditated. (§ 664, subd. (a).) On direct appeal, we affirmed the judgment. (People v. Grandison (Nov. 23, 2011, C062727) [nonpub. opn.].) We summarized the facts in the direct appeal opinion.2 In short, defendant stabbed the victim, his ex-girlfriend’s new boyfriend, multiple times. (Grandison, supra, C062727.) In 2022, defendant filed a petition for resentencing under section 1172.6, alleging he had been prosecuted under a theory of attempted murder under the natural and probable consequences doctrine; he was convicted of attempted murder; and he could not currently be convicted of attempted murder because of changes made to sections 188 and 189, effective January 1, 2019. The court appointed counsel and received briefing from the parties. The court held a hearing and both parties submitted on the briefing. The court denied the petition, saying no vicarious liability instructions had been read to the jury at trial, so “the jury could not have based any finding of fact on an invalid theory under the current law.”