People v. Leslie CA2/3

Filed 12/21/23 P. v. Leslie CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B327246

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA091536) v.

DESHAWN DESHA LESLIE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor Hunter, Judge. Affirmed. Deshawn Desha Leslie, in pro. per.; Kathy R. Moreno, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Deshawn Leslie petitioned for resentencing under Penal Code section 1172.6,1 which limited accomplice liability for murder. The trial court denied the petition, and Leslie appealed. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216. Leslie filed a supplemental brief, arguing that the trial court improperly denied his petition. We conclude that the trial court did not err in denying the petition and affirm the order. INTRODUCTION I. The underlying crime, verdict, and sentence2 In 2006, Leslie’s cousin was shot and wounded. Leslie and his cousin were Tree Top Piru gang members, and they believed that a rival gang was responsible for the shooting. Dominique Davis, who also was a Tree Top Piru gang member, armed himself with a gun and asked Leslie to drive him around to see if anybody was out. Leslie drove them into rival gang territory and stopped the car alongside another car in which the victim Ivan Nieves was sitting. Davis shot Nieves multiple times, killing him.

1 All further undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) 2 We derive the background from the opinion affirming Leslie’s judgment of conviction on direct appeal. (People v. Leslie (Mar. 18, 2009, B206632) [nonpub. opn.].) We take judicial notice of that opinion. (Evid. Code, §§ 451, subd. (a), 452, subds. (a), (d).)