People v. Lord CA5

Filed 1/25/24 P. v. Lord CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F086022 Plaintiff and Respondent, (Super. Ct. No. CF95545234) v.

JERRY MAKATO LORD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather Mardel Jones, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill, Catherine Tennant Nieto, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Smith, J.

INTRODUCTION In 1996, appellant Jerry Makato Lord pled guilty to willful, deliberate, and 1 premeditated attempted murder (Pen. Code, §§ 664/187, subd. (a)) and admitted an enhancement for the personal infliction of great bodily injury (GBI) (§ 12022.7, subd. (a)). He was sentenced to a term of life with the possibility of parole. On April 28, 2022, Lord filed a petition for resentencing under former section 1170.95, now section 1172.6. After appointing counsel to represent Lord and accepting briefs from the parties, the trial court denied his petition at the prima facie stage. On appeal, Lord contends that the trial court erred by denying his petition at the prima facie stage. We affirm. FACTUAL AND PROCEDURAL HISTORY The Underlying Crime The record does not contain a description of the facts underlying Lord’s conviction for attempted murder. However, Lord’s change of plea form contains the following factual basis for his plea: “I attempted to murder a human being by a willful, deliberate and premeditated act and personally caused great bodily injury to that person.” The Trial Court’s Order Denying Lord’s Petition for Resentencing On March 22, 2023, following the submission of briefs by the parties and a prima facie hearing, the trial court issued a written order denying Lord’s petition for resentencing. The trial court’s order stated the following, in relevant part:

“According to the signed Plea Form, filed on February 22, 1996, Petitioner Lord pled ‘guilty’ to ‘lst Degree’ attempted murder and admitted personally causing great bodily injury pursuant to Penal Code § 12022.7. On the plea form itself, which is signed by Petitioner Lord, under item ‘14a. The facts on which I base my plea are:’, the following is handwritten in the blank provided: ‘I