People v. Lewis CA2/6

Filed 11/29/23 P. v. Lewis CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115 .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 SIX

THE PEOPLE, 2d Crim. No. B329020 (Super. Ct. No. 2007002281) Plaintiff and Respondent, (Ventura County)

v.

JOHN JOSEPH LEWIS,

Defendant and Appellant.

John Joseph Lewis appeals the trial court’s denial of his motion for resentencing pursuant to Penal Code section 1172.6 (formerly § 1170.95).1 Appellate counsel filed an opening brief informing this court that he reviewed the record and could not find any arguable issues to raise on appeal. Counsel requested that we send the opening brief to Lewis and inform him of his right to file a supplemental letter or brief. We so informed Lewis and he filed a supplemental brief. We evaluated the supplemental brief and find no issues of merit. (People v.

1 All statutory references are to the Penal Code.

Delgadillo (2022) 14 Cal.5th 216, 232 [when appellate counsel has found no arguable issues and the appellant submits a supplemental brief or letter, “the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion”].) Accordingly, we conclude that the court properly denied Lewis’s resentencing motion, and affirm. This appeal concerns the 2006 murder of Fred Williams, a member of the criminal street gang Black Mafia Gangsters (BMG). Longtime friend and fellow BMG gang member Bakari Pitts shot Williams in an execution-style manner. Lewis had directed Pitts to kill Williams because he and other gang members believed that Williams was a “snitch.” Lewis had offered Pitts money to kill Williams. FACTUAL AND PROCEDURAL HISTORY2 Lewis was a senior member of BMG and a “big homie” in the street gang. Pitts agreed to kill Williams because Lewis asked him to “get rid of” Williams. Pitts arranged a meeting with Williams in rural Somis. Marlon Thornton drove Pitts to the area in a rental vehicle. Williams arrived and parked his vehicle. Pitts walked to Williams’s vehicle and shot him in the head from a close distance. Pitts then disposed of the firearm in nearby bushes. Thornton and Pitts left the area and drove toward Los Angeles. Along the way, Pitts telephoned Lewis and stated that he had completed the assignment (“It’s done.”). Lewis responded that Pitts would receive payment in Bakersfield. Lewis later gave Pitts $5,000 and marijuana as payment for the killing.