People v. Sanders CA2/2

Filed 8/1/23 P. v. Sanders CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B321018

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A526192) v.

GREGORY SANDERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed.

Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Gabriel Bradley, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant and appellant Gregory Sanders appeals from the trial court’s May 26, 2022, order denying his petition for resentencing under Penal Code section 1172.6 (former § 1170.95).1 Because defendant is ineligible for section 1172.6 relief as a matter of law, we affirm. BACKGROUND I. Facts “[D]efendant, in the course of a robbery which netted him $150, beat to death an elderly female proprietor of a fish and chips restaurant.” (People v. Sanders (1983) 145 Cal.App.3d 218, 222 (Sanders), disapproved of on another ground by People v. Mattson (1984) 37 Cal.3d 85.) II. Procedural history A. Conviction and sentencing In 1981, a jury convicted defendant of first degree murder (§ 187) and robbery (§ 211). The jury found true allegations that defendant personally inflicted great bodily injury during the commission of both crimes. (§ 1203.075.) As to the murder, the jury also found true the special circumstance allegation that defendant committed the murder while engaged in the commission of robbery. (§ 190.2, subd. (a)(17).) Defendant was sentenced to state prison for life without the possibility of parole.