People v. Lewis CA2/5

Filed 12/21/23 P. v. Lewis CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B328722

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA144866) v.

ARTHUR LEE LEWIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Carol J. Najera, Judge. Affirmed.

California Appellate Project and Richard B. Lennon, Executive Director, under appointment by the Court of Appeal, for Defendant and Appellant.

No Appearance for Plaintiff and Respondent.

Arthur Lee Lewis appeals the trial court’s order denying his petition for vacatur of his murder conviction and resentencing under Penal Code section 1172.6.1 In 2019, Lewis was convicted of voluntary manslaughter. (§ 192) The jury found that he personally discharged a firearm causing death (§ 12022.53, subd. (d)) and that he committed the crime for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). Lewis was sentenced to 21 years in prison. In 2021, this court affirmed the conviction. (People v. Lewis (Apr. 15, 2021, No. B302108) [nonpub. opn.].) In 2018, Senate Bill No. 1437 (2017–2018 Reg. Sess.) was enacted. The legislation amended sections 188 and 189, and added former section 1170.95 (now § 1172.6). (Stats. 2018, ch. 1015, §§ 2–4.) Senate Bill No. 1437 limited application of the felony murder rule and eliminated murder based on the natural and probable consequences doctrine. Through former section 1170.95, Senate Bill No. 1437 also created a procedure by which a defendant previously convicted of murder under either of those theories could file a petition for resentencing. Former section 1170.95 became effective on January 1, 2019. Effective January 1, 2022, Senate Bill No. 775 (2021–2022 Reg. Sess.) amended former section 1170.95 to expand its reach to defendants convicted of manslaughter, including persons convicted under a “theory under which malice is imputed to a person based solely on that person’s participation in a crime.” (former § 1170.95, subd. (a); Stats. 2021, ch. 551, § 2.)