People v. Gatewood CA2/2

Filed 2/7/24 P. v. Gatewood CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B330382

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA066864) v.

LAVELL GATEWOOD,

Defendants and Appellants.

THE COURT:

Defendant and appellant Lavell Gatewood appeals from the denial of his petition for vacatur of his attempted murder conviction and for resentencing under Penal Code section 1172.6.1 Appointed counsel found no arguable issues and filed a brief requesting this court to exercise our discretion to conduct an

1 All further unattributed code citations are to the Penal Code.

independent review of the record or in the alternative, a review as set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant filed a supplement brief also requesting an independent review but raised no issues regarding section 1172.6. As defendant does not claim that the trial court erred, we decline to conduct an independent review of the record. (See Delgadillo, at p. 232.)

BACKGROUND In 2008, after a jury trial, defendant was convicted of attempted murder in violation of sections 187, subdivision (a), and 664. The jury found true allegations that he personally used a firearm (§ 12022.53, subd. (b)); that he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)); that he personally and intentionally discharged a firearm, which caused great bodily injury to the victim (§ 12022.53, subd. (d)); and that he personally inflicted great bodily injury to the victim under circumstances involving domestic violence (§ 12022.7, subd. (e)). The trial court sentenced defendant to life in prison on the attempted murder count, plus 25 years to life for one firearm enhancement and four years for the great bodily injury enhancement. This court modified the sentence to stay the great bodily injury enhancement and correct the presentence credits, but otherwise affirmed the judgment. (People v. Gatewood (Oct. 29, 2009, B209314) [nonpub. opn.].) In April 2022, defendant submitted a petition for resentencing pursuant to section 1172.6. The trial court appointed counsel for defendant, and the prosecution filed written opposition to the petition. Defendant’s counsel filed no written reply, and after several continuances the court held a