People v. Loyd CA4/2

California Court of Appeal Jan 2, 2024 No. E081564Unpublished

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Holding. The court affirmed the denial of the defendant's Penal Code section 1172.6 petition because the record established he was the actual killer and was not convicted under a theory of felony murder or natural and probable consequences.

Issues

Whether the trial court erred by denying the petition without an affirmative statement that it reviewed the jury instructions.
Whether the trial court's decision was improper due to the timing of the prosecutor's remark regarding the defendant's self-defense testimony.
Whether the defendant was entitled to relief under the standards set forth in People v. Banks and People v. Clark.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Here, there is nothing in the record to suggest that defendant was tried and convicted on any theory other than he was the actual killer.”

Filed 1/2/24 P. v. Loyd CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E081564

v. (Super.Ct.No. CR50817)

LAMAR EUGENE LOYD, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Affirmed.

Lamar Eugene Loyd, in pro. per.; and Cindi B. Mishkin, under appointment by the

Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Lamar Eugene Loyd appeals the Riverside County

Superior Court’s denial of his Penal Code section 1172.6 petition for resentencing.1 We

will affirm.

BACKGROUND2

In 1994, a jury convicted defendant of first degree murder (§ 187) and found true

the allegation that he personally used a handgun in the commission of the crime

(§ 12022.5, subd. (a)). The court sentenced him to a five-year term for the gun

People v. Loyd CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

LAMAR EUGENE LOYD, OPINION

BACKGROUND2

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

MILLER J.

MENETREZ J.

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