People v. Lewis CA2/4

Filed 12/15/23 P. v. Lewis CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B328045

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA032791-02) v.

LONNIE LEWIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph J. Burghardt, Judge. Affirmed. Mi Kim, under appointment by the Court of Appeal, and Lonnie Lewis, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION In 1999, defendant Lonnie Lewis (Lewis) was convicted of second degree murder and attempted murder after a jury trial. His conviction was affirmed on direct appeal. In 2022, Lewis filed a petition for recall and resentencing under former Penal Code section 1170.95.1 The trial court denied the petition, concluding Lewis was ineligible for relief as a matter of law. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Lewis submitted his own letter brief and requested that this court address one issue. We address Lewis’s issue and affirm the order.

PROCEDURAL BACKGROUND In 1999, a jury found Lewis guilty of second degree murder (Pen. Code, § 187, subd. (a); count 1) and attempted murder (Pen. Code, §§ 664/187, subd. (a); count 2).2 As to both counts, the jury found true the allegation that during the commission of the offenses a principal was armed with a firearm (§ 12022, subd. (a)(1)) but found not true the allegation that Lewis personally and intentionally discharged a firearm (§ 12022.5, subd. (a)(1)). As to count 2, the jury found not true the allegation that the attempted murder was