People v. Real CA2/3

Filed 1/23/24 P. v. Real CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328619

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA052682) v.

RANDY REAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed. Randy Real, in pro. per.; and William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2001, a jury found Randy Real guilty of attempted willful, deliberate, and premeditated murder. 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 Real appealed. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Real filed a supplemental brief in which he argues that a gang enhancement was used to prove premeditation and deliberation. As we now explain, the trial court did not err in denying the petition. INTRODUCTION In 2001, Real shot and wounded Michael Wright, who testified at trial that Real yelled the name of a gang before shooting him.2 Another witness identified Real as the shooter. Real was charged with one count of attempted willful, deliberate, and premeditated murder (§§ 664, subd. (a), 187, subd. (a)), and a jury found him guilty of that crime. The jury also found true personal gun use (§§ 12022.5, subd. (a)(1), 12022.53, subds. (b), (c) & (d)) and gang (§ 186.22, subd. (b)(1)) allegations and that Real personally inflicted great bodily injury (§ 12022.7, subd. (a)). A trial court sentenced Real to 55 years to life in prison.