People v. Cole CA2/4

Filed 6/30/23 P. v. Cole 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B322542

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA055457 v.

TOMMIE LEE COLE,

Defendant and Appellant.

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

In 2014, appellant Tommie Lee Cole was convicted of two counts of second degree murder (Pen. Code, § 187, subd. (a))1 for causing a fatal collision while driving under the influence of alcohol. The court sentenced appellant to a prison term of 30 years to life. A different panel of this court affirmed appellant’s convictions in People v. Cole (Jan. 7, 2016, B254915) [nonpub. opn.]. In 2021, appellant filed a petition for resentencing pursuant to section 1172.6 (former section 1170.95).2 Following a response by the People and a hearing, the court found that appellant failed to establish a prima facie right to relief under section 1172.6 and denied appellant’s petition. 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. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed a supplemental brief. We have considered appellant’s brief and find no error in the superior court’s order denying resentencing. We therefore affirm.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Effective June 30, 2022, the Legislature renumbered

section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. We hereafter refer to the statute as section 1172.6.

2