People v. Parker CA2/8

Filed 11/6/23 P. v. Parker CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B326776

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA329920) v.

ANTHONY PARKER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Affirmed.

Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review this appeal of an order denying a petition for resentencing brought under Penal Code section 1172.6. We affirm. BACKGROUND On April 25, 2012, the People charged Anthony Parker by second amended information with the first degree murder of Thomas Rankins in violation of Penal Code section 187, subdivision (a).1 The facts are brief for purposes of the resentencing petition and we set them out for context only. On August 27, 2007, Parker and co-defendant Kurt August drove into a neighborhood in Los Angeles. August was driving. Parker got out of the car and approached a group of people standing on the street. He pulled a gun from his waistband and began shooting. Thomas Rankins died of gunshot wounds to the head and back. No one else, including witness Kia Nichols, was injured. (People v. Anthony Parker (July 2, 2015, B251525) [nonpub. opn.].) On May 7, 2012, a jury found Parker guilty of first degree murder. It also found true allegations that Parker acted to benefit his gang, personally used and discharged a handgun, and personally discharged a handgun inflicting great bodily injury and death to Thomas Rankins within the meaning of sections 186.22, subdivision (b)(1)(C), 12022.53, subdivisions (d) and (e)(1). The trial court sentenced Parker to consecutive terms of 25 years to life on the murder conviction and the gun