People v. Tarkington CA2/3

Filed 12/29/23 P. v. Tarkington CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329627

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA134487) v.

ANTHONY L. TARKINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed. Anthony Tarkington, in pro. per.; and James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

In 1997, a jury found Anthony Tarkington guilty of second degree murder and found that he personally used a knife. He thereafter petitioned for resentencing under Penal Code section 1172.6,1 which limited accomplice liability for murder. The trial court denied the petition, and Tarkington appealed. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Tarkington filed a supplemental brief. As we now explain, the trial court did not err in denying the petition. INTRODUCTION In 1996, Tarkington fatally stabbed Donald Fitzpatrick during a fistfight. Consequently, Tarkington was charged with murder, and a jury found him guilty of second degree murder (§ 187, subd. (a)) and found true the allegation that he personally used a knife (§ 12022, subd. (b)).2 That same year, the trial court sentenced Tarkington to “46 years to life” in prison. In 2022, Tarkington petitioned for resentencing on his murder conviction under section 1172.6, and the trial court appointed counsel to represent him. The People opposed the