People v. Monroe CA3

Filed 9/20/23 P. v. Monroe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C097863

Plaintiff and Respondent, (Super. Ct. No. 10F05343)

v.

D'ANDRE LEON MONROE,

Defendant and Appellant.

A jury found defendant D’Andre Leon Monroe guilty of second degree murder and shooting at an inhabited house. The jury also found true several firearm enhancement allegations, including that defendant personally and intentionally discharged a firearm causing the victim’s death. The jury acquitted a codefendant of murdering the victim and shooting at an inhabited house but found him guilty of discharging a firearm in a grossly negligent manner. The trial court sentenced defendant to 15 years to life in prison for the murder, a consecutive 25 years to life for the personal discharge allegation, and a stayed term for the shooting at an inhabited house.

1

In 2022, defendant filed a petition for resentencing under Penal Code section 1172.6.1 After the trial court issued an order to show cause and held a hearing, it denied defendant’s petition, concluding defendant personally killed the victim. Appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and requesting we exercise our discretion to review the record for arguable issues on appeal. Defendant filed a supplemental brief. Having considered the three specific issues raised in defendant’s supplemental brief, we affirm the trial court’s order denying defendant’s petition. DISCUSSION First defendant asserts that his sentence enhancement should be dismissed pursuant to section 1385 following passage of Senate Bill No. 81 (2021-2022 Reg. Sess.). “In 2021, the Legislature enacted Senate Bill No. 81 [(2021-2022 Reg. Sess.)], which amended section 1385 to specify factors that the trial court must consider when deciding whether to strike enhancements from a defendant’s sentence in the interest of justice.” (People v. Sek (2022) 74 Cal.App.5th 657, 674, citing Stats. 2021, ch. 721, § 1.) These amendments are not retroactive; section 1385, subdivision (c) “shall apply to all sentencings occurring after January 1, 2022.” (§ 1385, subd. (c)(7).) Defendant was sentenced in 2014, years before these changes to section 1385 became effective. Second defendant asserts entitlement to sentencing relief under “Assembly Bill [No.] 1310.” As of this writing, this proposed legislation has neither been passed by the Legislature nor signed by the Governor.