People v. Rew CA4/1

California Court of Appeal Nov 9, 2023 No. D081435Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, holding that the defendant failed to establish a prima facie case because he was convicted as a direct perpetrator and the jury was not instructed on the natural and probable consequences doctrine.

Issues

Whether the trial court erred in denying the defendant's section 1172.6 petition at the prima facie stage.
Whether the defendant's attempted murder convictions were based on a theory of natural and probable consequences.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the record of conviction conclusively demonstrates that Rew was not convicted of attempted murder on any theory covered by section 1172.6”

“the court at Rew’s trial did not instruct the jury on the natural and probable consequences doctrine.”

“the jury had to find that Rew was the actual perpetrator to convict him of the attempted murder counts.”

Filed 11/9/23 P. v. Rew CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081435

Plaintiff and Respondent,

v. (Super. Ct. No. SCS240763)

TREVIYON REW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana L. Espana, Judge. Affirmed.

Britton Donaldson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent, Treviyon Rew appeals from an order denying his petition to vacate his attempted murder convictions and for resentencing under Penal Code

section 1172.6.1 His appointed appellate counsel filed an opening brief stating that she had been unable to identify any arguable issues for reversal on appeal. (People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).) After we issued a Delgadillo order notifying Rew of his right to file a supplemental brief, he did so. We now conclude that Rew has failed to identify any arguably meritorious issues for appeal. Accordingly, we affirm the order denying his section 1172.6 petition. FACTUAL AND PROCEDURAL BACKGROUND In 2010–2013, Rew was prosecuted for multiple crimes in San Diego County Superior Court. The operative third amended information alleged 18 counts solely against Rew, including three counts of attempted murder alleged in counts 1, 12, and 13 (§§ 664, 187, subd. (a)). Count 1 alleged attempted murder of Sean S. committed on July 22, 2020. For this count, the information further alleged that Rew committed the crime in association with a criminal street gang (§ 186.22, subd. (b)(1)); he committed the offense while released from custody on bail (§ 12022.1, subd. (b)); he was armed with a firearm (§ 12022, subd. (a)(1)); he intentionally and personally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)); and at least one principal in the crime personally used a firearm proximately causing great bodily injury and death (§ 12022.53, subds. (d), (e)(1).)

People v. Rew CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081435

TREVIYON REW,

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