People v. Zinchenko CA2/2

Filed 11/7/23 P. v. Zinchenko CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B329592

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA221557) v.

ALEXANDER ZINCHENKO,

Defendant and Appellant.

THE COURT: Defendant and appellant Alexander Zinchenko appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.61 (former § 1170.95).2

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

Defendant’s appointed counsel found no arguable issues and filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Under the standard articulated in Delgadillo, we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments that defendant raises in his letter brief. (Delgadillo, supra, at pp. 231–232.) Finding none of his arguments meritorious, we affirm. FACTS AND PROCEDURAL BACKGROUND I. The Conviction and Sentence A jury convicted defendant of conspiracy (count 6), attempted murder (count 7), and assault with a deadly weapon (count 8). As to count 7, the jury found true that the crime was committed willfully, deliberately, and with premeditation within the meaning of section 664. As to counts 7 and 8, the jury found true the allegation that defendant personally used a knife (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury on his victim (§ 12022.7, subd. (a)). On May 29, 2003, he was sentenced to a term of 25 years to life on count 6. The trial court imposed a term of life imprisonment as to count 7 and stayed this term pursuant to section 654. As to count 8, the trial court imposed a term of three years in state prison, plus one year for each enhancement; this sentence was stayed as well. II. Petition for Resentencing On September 30, 2018, the Governor signed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Sen. Bill 1437) in order to “amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major