People v. Odell CA2/5

Filed 11/14/23 P. v. Odell CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B324487

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA436727)

FLOYD ODELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Karyn H. Bucur, 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, and Michael C. Keller and Charles S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Floyd Odell (defendant) appeals from the trial court’s denial of his Penal Code section 1172.6 (former section 1170.95) petition seeking resentencing on prior convictions for murder (one count) and attempted murder (two counts).1 We consider whether the trial court correctly found defendant did not make a prima facie case for relief because his trial jury was not instructed on felony murder, aiding and abetting liability pursuant to the natural and probable consequences doctrine, or any theory that would permit imputing malice to defendant.

I. BACKGROUND A. The Offense Conduct, as Established by the Evidence at Trial James Freeman (James) testified he and his wife were about to enter their car on May 12, 2015, when he turned to see the flash of a gun. He was shot once in the groin. He did not see who shot him and he did not recognize defendant at trial. His wife, Pamela Freeman (Pamela), testified she knew defendant from previous encounters. She saw defendant approach her husband, shoot him once, and fire multiple shots at her—with one bullet hitting her hand. Elisha Bables (Bables) testified regarding a separate incident that occurred on May 18, 2015. According to Bables, Charles Wilson (Wilson), defendant, and friends gathered in Wilson’s home for “dominoes, cards, [and] drinking.” Defendant and Wilson argued sporadically over “[m]iscellaneous, frivolous