People v. Alkebu-Lan CA2/2

Filed 1/26/24 P. v. Alkebu-Lan CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B324470

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA151577) v.

SHAI ALKEBU-LAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed.

A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven E. Mercer and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant and appellant Shai Alkebu-Lan appeals from the trial court’s order denying his petition for recall and resentencing under Penal Code section 1170.91.1 Because defendant is statutorily ineligible for section 1170.91 relief, we affirm. BACKGROUND Original conviction and sentencing In 1997, a jury found defendant guilty of two counts of attempted murder (§§ 664, 187, subd. (a)), two counts of assault with a deadly weapon (§ 245, subd. (a)(1)), one count of aggravated mayhem (§ 205), and three counts of attempted aggravated mayhem (§§ 664, 205). The jury found true allegations that defendant personally used a deadly and dangerous weapon as to each count (§ 12022, subd. (b)(1)) and, as to the attempted murder counts, that he inflicted great bodily injury (§§ 12022.7, subd. (b), 12022.9). People v. Alkebulan (Aug. 25, 1999, B123720) [nonpub. opn.] (Alkebulan).)~ The trial court sentenced defendant to a determinate term of 14 years eight months in state prison, plus an indeterminate term of life with the possibility of parole. We affirmed the judgment on direct appeal. (Alkebulan, supra, B123720.) Defendant’s section 1170.91 petition for resentencing In 2018, defendant filed a petition for resentencing pursuant to section 1170.91, which allows individuals convicted of some felonies to seek recall and resentencing so that certain mitigating factors related to military service can be considered. The trial court, Judge Michael D. Abzug presiding, appointed