People v. Scott CA4/3

Filed 1/11/24 P. v. Scott CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G062141

v. (Super. Ct. No. 06NF3767)

PRIDE LEE SCOTT, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Pride Lee Scott challenges the summary denial of his petition for resentencing under former Penal Code section 1170.95 (now section 1172.6).1 His court- appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). This court gave Scott 30 days to file a supplemental brief on his own behalf. None was filed. In the interests of justice, we have examined the record on appeal and find no arguable error that could result in a disposition more favorable to Scott. (Delgadillo, at p. 232.) We thus affirm the postjudgment order. FACTS On June 12, 2008, a jury convicted Scott of attempted murder of K.L. and found true that Scott personally inflicted great bodily injury (§ 12022.7, subd. (a)), personally used a firearm (§ 12022.53, subd. (b)), personally discharged a firearm (id., subd. (c)), and personally discharged a firearm causing great bodily injury (id., subd. (d)). The jury deadlocked on the allegation that the attempted murder was committed willfully, deliberately, and with premeditation (§§ 187, subd.(a), 664, subd. (a)), and a retrial of that issue was set for July. On June 27, Scott pleaded guilty to attempted murder on a standardized plea form, which included waiver of a statute of limitations claim and various constitutional rights set forth in In re Tahl (1969) 1 Cal.3d 122, overruled on other grounds in Mills v. Municipal Court (1973) 10 Cal.3d 288, 291. Scott also admitted he personally inflicted great bodily injury (§ 12022.7, subd. (a)), personally used a firearm (§ 12022.53, subd. (b)), and had a prior strike conviction (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)). For the two other enhancement allegations (§ 12022.53,