People v. Stocker CA2/4

Filed 10/3/23 P. v. Stocker CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B320930

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA135978 v.

ERIC STOCKER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed. Derek K. Kowata, 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, Kenneth C. Byrne and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 2015, a jury convicted defendant and appellant Eric Stocker and a co-defendant of first degree murder and two counts of attempted murder. In 2022, Stocker filed a petition for recall and resentencing under former Penal Code section 1170.95.1 Without appointing counsel, the trial court summarily denied the petition. On appeal, Stocker argues the trial court prejudicially erred by failing to appoint counsel and engaging in improper factfinding. The Attorney General agrees the trial court erred by not appointing counsel, but argues the error was harmless because the record demonstrates Stocker is ineligible for relief as a matter of law. We agree with the Attorney General and affirm the order denying relief.

PROCEDURAL BACKGROUND2

Stocker and his co-defendant, Lamont Kellum, were jointly tried before a single jury. The jury convicted each co-defendant of first degree murder (§ 187, subd. (a)), two counts of attempted willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and shooting at an inhabited dwelling (§ 246). The jury