People v. Aremu CA2/5

Filed 7/26/23 P. v. Aremu CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B322491

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A390607) v.

TONY OLIVER AREMU,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Norman J. Shapiro, Judge. Affirmed. Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In 1984, a jury convicted defendant Tony Aremu of second degree murder (Pen. Code, § 187, subd. (a)1) and found true the allegation that he personally used a deadly and dangerous weapon in the commission of the murder (§ 12022, subd. (b)). The trial court sentenced defendant to 16 years to life in state prison. In 2019, defendant filed a petition for resentencing pursuant to former section 1170.95.2 The trial court denied the petition on the ground that defendant was the actual killer. Defendant appealed. We affirmed the court’s order, holding that defendant was ineligible for resentencing as a matter of law because the jury instructions in defendant’s case did not include instructions on aiding and abetting, the felony murder rule, or the natural and probable consequences doctrine, and the verdict form contained the jury’s finding that defendant personally used a deadly and dangerous weapon, a knife. (People v. Aremu (Oct. 26, 2020, B300328) [nonpub. opn.].) On January 13, 2021, our Supreme Court granted defendant’s petition for review and deferred further action pending its consideration and disposition of People v. Lewis (2020) 43 Cal.App.5th 1128 or further order of the court. On September 29, 2021, after issuing its opinion in People v. Lewis (2021) 11 Cal.5th 952, the Supreme Court dismissed review in defendant’s case.