People v. Sardin CA2/5

Filed 3/13/24 P. v. Sardin CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B325169

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A771092) v.

DEON LOREN SARDIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Affirmed. James Koester, under the appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________

Deon Loren Sardin appeals the trial court’s order denying his petition for vacatur of his murder conviction and resentencing under Penal Code section 1172.6.1 The trial court found Sardin ineligible for relief as a matter of law because the jury convicted him as the actual killer. On appeal, Sardin argues the trial court improperly relied on minute orders and facts contained in the appellate court’s prior opinion to deny the petition at the prima facie stage. We affirm the trial court’s order.

PROCEDURAL HISTORY

In 1987, the jury found Sardin guilty of first degree murder (§ 187, subd. (a); count 1), petty theft (§ 484; count 2), first degree burglary (§ 459; count 3), and rape (§ 261.2; count 4). The jury found true the allegations that Sardin intentionally committed the murder during the commission of a rape and in the commission of a burglary (§ 190.2, subd. (a)(17)), and personally used a deadly and dangerous weapon, a strangulation cord (§ 12022, subd. (b)). Sardin was sentenced to 25 years to life in prison without the possibility of parole. In 1989, another panel of this court affirmed the trial court’s judgment. On July 28, 2022, Sardin filed a form petition for vacatur of his murder conviction and resentencing pursuant to section 1172.6. On August 8, 2022, the trial court appointed counsel, and issued a tentative ruling. A hearing was held on the matter on