People v. Calderon CA2/5

Filed 3/13/24 P. v. Calderon CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328858

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA033836) v.

ROLANDO CALDERON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Jeralyn Keller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

In August 2001, a jury convicted defendant Rolando Calderon of two counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a))1, and found true the allegations that the attempted murders were premeditated and deliberated (§ 664, subd. (a)), a principal personally and intentionally discharged a firearm inflicting great bodily injury (§ 12022.53, subds. (d) and (e)(1)), a principal personally and intentionally discharged a firearm (id., subds. (c) and (e)(1)), a principal personally used a firearm (id., subds. (b) and (e)(1)), and the crimes were for the benefit of a criminal street gang (§ 186.22, subd (b)(1)). The trial court sentenced defendant to two consecutive life terms, a consecutive term of 25 years to life, and a consecutive term of 20 years. On April 21, 2021, defendant filed a petition for resentencing pursuant to former section 1170.952 (now section 1172.6). The trial court denied the petition and we affirmed the denial on April 19, 2022. (People v. Calderon (Apr. 19, 2022, B312516 [nonpub. opn.].) On July 18, 2022, defendant filed another petition for resentencing under section 1172.6. The trial court appointed counsel to defendant and following the filing of briefs, the court denied the petition, finding that defendant was ineligible for relief as a matter of law. Defendant now appeals from that order.