People v. Hutchinson CA2/8

Filed 8/24/23 P. v. Hutchinson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324979

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA102378) v.

ANTONE HUTCHINSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Richard M. Goul, Judge. Vacated.

Jeffrey S. Kross, 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, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Antone Hutchinson filed a petition for resentencing pursuant to Penal Code section 1172.6, formerly Penal Code section 1170.95, while his earlier petition for resentencing was pending on appeal. As the trial court lacked jurisdiction to consider the second petition for resentencing while the appeal from the denial of his first petition was under review by the California Supreme Court, we vacate the trial court’s order denying the second petition for resentencing. FACTUAL AND PROCEDURAL BACKGROUND Hutchinson was convicted in 2017 of attempted murder committed for the benefit of a criminal street gang (Pen. Code, §§ 664/187, subd. (a), 186.22, subd. (b)(1)(C)) and shooting at an inhabited dwelling (Pen. Code, § 246). In January 2019 he filed his first petition for resentencing.1 (People v. Hutchinson (Apr. 30, 2020, B299078) [nonpub. opn.].) The trial court denied the petition, and Hutchinson appealed. (Ibid.) This court affirmed the trial court’s order. (Ibid.) The California Supreme Court granted Hutchinson’s petition for review on July 8, 2020. While the appeal from his first resentencing petition was pending in the California Supreme Court, Hutchinson filed a second petition for resentencing in the trial court on February 22, 2022. The trial court denied the second petition for resentencing on October 12, 2022. Hutchinson appeals.