People v. Platz CA3

Filed 12/11/23 P. v. Platz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C097282

Plaintiff and Respondent, (Super. Ct. No. 09F01520)

v.

ANTHONY PLATZ,

Defendant and Appellant.

Defendant Anthony Platz appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6.1 He argues the court erred in concluding that defendant was ineligible for relief based on the factual basis stipulated to

1 Undesignated statutory references are to the Penal Code. Defendant filed his resentencing petition under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6, with no relevant change. (Stats. 2022, ch. 58, § 10.) For ease of exposition, we will cite to the current section 1172.6 throughout this opinion.

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at his plea hearing. We will affirm the trial court’s order denying the petition for resentencing. BACKGROUND In 2010, defendant pleaded guilty to attempted murder (§§ 664, 187, subd. (a)) without premeditation and admitted that he personally discharged a firearm (§ 12022.53, subd. (c)) and had a prior strike conviction (§§ 667, 1170.12). At defendant’s plea hearing, the prosecution offered the following factual basis: “On or about February 26th, 2009, in the County of Sacramento, [C.D.] was working at a recycling center. She saw Mr. Platz and observed him, believed to look suspicious, so she began walking to her car. [¶] Mr. Platz followed her. She started to run, and he chased her. She fell. Mr. Platz approached her, stood over her, [and] demanded money. She said she didn’t have any, and at that point he shot her three times with a .22 caliber handgun, hitting her in the arm—the right arm, the left land [sic] and the left calf, and he did so with the intent to kill.”2 Defense counsel stipulated to the articulated factual basis for the plea. The trial court sentenced defendant to 38 years imprisonment. At the same plea hearing, codefendant Christina Marie Duette pleaded no contest to being an accessory after the fact (§ 32). Duette’s stipulated factual basis stated: “On or about February 26th, 2009, in the County of Sacramento, Anthony Platz committed an attempted robbery and attempted murder. The defendant, Ms. Duette, knew that he committed those felonies and aided Mr. Platz by picking him up as law enforcement descended upon that area and took him to a safe place. When she did this she intended that Mr. Platz avoid arrest.” In 2022, defendant petitioned for resentencing pursuant to section 1172.6. The trial court denied defendant’s petition at the prima facie stage, explaining in a written