People v. Rogers CA2/8

Filed 11/20/23 P. v. Rogers CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328202

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA373750 v.

PHILLIP ROGERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed.

Cheryl Lutz, 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 (Delgadillo), we review this appeal of an order denying a petition for resentencing brought under Penal Code section 1172.6. We affirm. BACKGROUND On October 14, 2011, the People filed an amended information charging appellant Phillip Rogers with murder, gross vehicular manslaughter while intoxicated, vehicular manslaughter with gross negligence, driving under the influence causing injury, and driving with a blood alcohol content over .08 percent. It was further alleged Rogers had prior convictions within the meaning of Penal Code1 section 191.5, subdivision (d). A jury convicted Rogers of all counts except the murder charge, which the trial court dismissed. The jury also found the prior convictions true. The trial court sentenced Rogers to 15 years to life on the manslaughter conviction plus one year for the prior conviction. No sentences were imposed on the other convictions. This court affirmed the final judgment. (People v. Rogers (April 4, 2014, B243041) [nonpub. opn.].) The facts are brief for purposes of the resentencing petition and we set them out for context only. On the evening of July 17, 2010, Rogers drank between four and 15 eight-ounce glasses of beer. By 8:00 p.m., he had a blood alcohol content of between 0.26 and 0.32 percent. At about that time, he was driving south on San Pedro Street between 79th and 80th Streets in Los Angeles when he hit and killed Mary Webster as she crossed the street. (People v. Rogers, supra, B243041.)