People v. Howard CA2/1

Filed 9/20/23 P. v. Howard CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B327529

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A650427) v.

KEISHUN VERNILL HOWARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

MEMORANDUM OPINION1 We summarize only those facts relevant to our disposition of this appeal. In 1989, a jury found defendant Keishun Vernill Howard guilty of second degree murder under Penal Code2 section 187 for the 1988 killing of Cardaos White and found true the allegation under section 12022.5 that Howard personally used a firearm in the commission of the crime. (People v. Howard (Dec. 24, 2020, B303537) [nonpub. opn.] (Howard III).)3 The trial court sentenced Howard to a prison term of 15 years to life, plus two years in prison for the section 12022.5 enhancement. (Howard III, supra, B303537.) On September 25, 1991, we affirmed the judgment of conviction in an unpublished opinion. (Id.) On October 24, 2022, Howard filed a petition in pro per for resentencing pursuant to section 1170.95, wherein he requested appointment of counsel.4 He claimed to have been incarcerated

1 We resolve this case by memorandum opinion because it “raise[s] no substantial issues of law or fact . . . .” (Cal. Stds. Jud. Admin., § 8.1.) 2 Undesignated statutory citations are to the Penal Code. 3 We, sua sponte, take judicial notice of the procedural history recounted in Howard III. (Evid. Code, §§ 452, subd. (d), 459.) 4 On June 30, 2022, section 1170.95 was renumbered, without substantive change, as section 1172.6. (See Stats. 2022, ch. 58, §§ 10, 47 [Assembly Bill No. 200, which renumbered § 1170.95 as § 1172.6, and provided that the statute took effect immediately on June 30, 2022]; People v. Delgadillo (2022)