People v. Dean CA2/1

Filed 10/31/23 P. v. Dean CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328523

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA050568) v.

GREGORY DEAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Affirmed. Gloria C. Cohen, under appointment by the Court of Appeal; Gregory Dean, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

Gregory Dean appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appointed appellate counsel filed a brief raising no issues and asking this court to review the record independently to determine whether there are any arguable issues pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Dean filed a supplemental brief raising issues outside the scope of an 1172.6 resentencing proceeding. Accordingly, we affirm the order. BACKGROUND In 2008, a jury convicted Dean of first degree murder with use of a firearm and two counts of assault with a semiautomatic firearm. (§§ 187, subd. (a); 12022.53, subd. (d); 245, subd. (b); 12022.5, subd. (a).) He was sentenced to sixty-three years and four months to life. Dean appealed from the judgment of conviction, contending that a request he made at trial to represent himself obligated the court to hold a hearing under People v. Marsden (1970) 2 Cal.3d 118, which the court erroneously failed to do. In an unpublished opinion, we rejected this contention and affirmed the judgment. (People v. Dean (Sept. 28, 2009, B212558).) II. Petition for Resentencing On September 1, 2022, Dean, representing himself, filed a petition for resentencing under section 1172.6, which permits a person convicted of attempted murder under the natural and probable consequences doctrine to petition the court to have the conviction vacated and to be resentenced if the person could not presently be convicted of attempted murder due to changes to