People v. White CA3

Filed 9/29/23 P. v. White CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C097847

Plaintiff and Respondent, (Super. Ct. No. STKCRFECOD20150014492) v.

DARNELL LESHAWN WHITE,

Defendant and Appellant.

In 1996, a jury found defendant Darnell Leshawn White guilty of first degree murder. Following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), defendant petitioned the trial court for resentencing, contending that he could no longer be convicted of murder because of the bill’s changes to murder liability. The trial court denied the petition at the prima facie stage, and defendant now appeals that decision. Because the record indicates defendant is not entitled to relief, we will affirm the trial court’s order denying the petition for resentencing.

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I. BACKGROUND The facts of the underlying offense are set forth in the appellate opinion from defendant’s prior appeal. (See People v. White (June 20, 2018, C083049 [nonpub. opn.].)1 Briefly summarized, while D.M. and her boyfriend were at their residence, defendant entered pointing a gun. After forcing the boyfriend to give them money, defendant and a second man made the boyfriend and D.M. lie on their stomachs. (Ibid.) “Shortly after, defendant said, ‘is that it?’ and the boyfriend said, ‘I gave you everything that I got.’ Defendant then told the other man, ‘All right, blap ’em.’ The other man started shooting.” (Ibid.) “D.M. was hit in the side, forearm, upper arm, shoulder, and neck. Her boyfriend was also shot and later died from his injuries.” (Ibid.) In 2016, a jury found defendant guilty of first degree murder (Pen. Code, § 187, subd. (a)),2 attempted premeditated murder (§ 664/187, subd. (a)), first degree robbery (§§ 211, 212.5, subd. (a)), and being a felon in possession of a firearm (§ 29800, subd. (a)(1)) as well as firearm enhancements for the first three offenses (§§ 12022.53, subd. (b), 12022.5, subd. (a)). The jury further found true the special circumstances that the murder occurred during the course of a robbery (§ 190.2, subd. (a)(17)(A)) and a burglary (§ 190.2, subd. (a)(17)(G)). The trial court sentenced defendant to life without the possibility of parole for first degree murder;3 the upper term of nine years for attempted premeditated murder with 10