People v. George CA2/8

Filed 9/21/23 P. v. George CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B323545

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA282283 v.

KEENAN GEORGE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shelly B. Torrealba, Judge. Affirmed. Karyn H. Bucar, 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, Senior Assistant Attorney General, Charles S. Lee and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. ____________________ Keenan George appeals the trial court’s denial of his petition for resentencing. He also argues he is entitled to

resentencing under Senate Bill No. 620 (SB 620) and Assembly Bill No. 333 (AB 333). We affirm and hold he is not entitled to resentencing under either SB 620 or AB 333. Statutory citations are to the Penal Code. A jury convicted George of the attempted murder of Sandro Gutierrez. The jury found true allegations George had personally discharged a firearm resulting in great bodily injury and personally inflicted great bodily injury on Gutierrez. The jury also convicted George of assault with a firearm on a second victim, Christopher Alexander. The jury further found George committed both offenses for the benefit of, at the direction of, or in association with a criminal street gang. The trial court sentenced George to a term of 44 years to life. George appealed, and this court affirmed the judgment. (People v. George (Jul. 23, 2007, B187180 [nonpub. opn.].) In May 2022, George filed a petition for resentencing under section 1172.6, previously section 1170.95. Section 1172.6 provides the mechanism by which defendants may seek the relief offered by Senate Bill No. 1437, effective January 1, 2019 (2017– 2018 Reg. Sess.) (SB 1437). (Ibid.; § 1172.6.) SB 1437 narrowed the scope of murder liability of those persons who are not the actual killer and did not intend to kill. (People v. Strong (2022) 13 Cal.5th 698, 707-708.) Persons previously convicted who could not be convicted under these new laws, such as those convicted on theories of felony murder or the natural and probable consequences doctrine, may seek retroactive relief under section 1172.6. (§ 1172.6.) Upon the filing of a facially sufficient petition requesting appointment of counsel, a trial court must appoint counsel and hold a hearing to determine whether the petitioner has made a prima facie showing of eligibility for relief. (§ 1172.6,