People v. Charles CA2/8

Filed 7/27/23 P. v. Charles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B323341

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA028815-01 v.

LEONARD VANNESS CHARLES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles Count, Eleanor J. Hunter, Judge. Affirmed.

Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review this appeal from an order denying a petition for resentencing. We affirm. PROCEDURAL BACKGROUND On January 14, 1991, the People charged appellant alone by information with one count of murder under Penal Code section 187, subdivision (a) and firearm use enhancements pursuant to Penal Code1 section 12022.5. On January 30, 1992, appellant pled guilty to second degree murder as alleged in the amended information and pursuant to People v. West (1970) 3 Cal.3d 595. The trial court eventually sentenced appellant to an indeterminate term of 15 years to life in state prison. The facts underlying the conviction involve a shooting at a bowling alley. The homicide victim was at the bowling alley with friends. A group of males including appellant walked into the alley. Once inside, they confronted some of the male patrons. During the confrontation someone pulled a handgun from his waistband and fired it once. The bullet struck and killed the victim. Appellant and the others fled the scene. Appellant was arrested and placed in an interview room with one of his friends. Their conversation was recorded. Appellant told his friend, “I know I’m going to jail because I murdered the lady.” He also said, “You know the only reason I busted was because the homies kept saying ‘bust.’ ” “Bust” means “to shoot and to kill.” ~(CT 248)~ On January 12, 2022, appellant filed a petition for resentencing pursuant to section 1172.6 (renumbered from § 1170.95 by Stats. 2022, ch. 58, § 10, effective June 30, 2022.).