People v. Vanhook CA3

Filed 3/20/24 P. v. Vanhook CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C097552

Plaintiff and Respondent, (Super. Ct. Nos. STKCRFE20150006194 & v. SF131278A)

RAESEAN VANHOOK,

Defendant and Appellant.

Defendant Raesean Vanhook appeals from an order denying a petition for resentencing under Penal Code former section 1170.95 (now § 1172.6).1 Appointed counsel for defendant asks this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there any arguable issues on

1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6 without change in the text. (See Stats. 2022, ch. 58, § 10.) We use the current section number in this opinion.

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appeal. We have exercised our discretion to conduct such a review and affirm the trial court’s order. (See, e.g., People v. Delgadillo (2022) 14 Cal.5th 216, 231-232.) BACKGROUND In 2014, defendant fired a shotgun in a struggle with one of three men defendant and his accomplices surprised when they snuck into a garage through a partially opened garage door. A jury convicted defendant of attempted murder (§§ 664, 187) and other charges not relevant to this appeal, and also found multiple firearm enhancements true. The trial court found true a prior strike and two enhancements. (§ 667, subd. (b).) The court sentenced defendant to an aggregate term of 43 years in prison. (Ibid.) We affirmed. (People v. Vanhook (Aug. 1, 2018, C080735) [nonpub. opn.].) In a separate appeal, we modified the judgment to find that defendant suffered only one prior serious felony enhancement (§ 667, subd. (a)). (People v. Vanhook (Nov. 17, 2021, C090019) [nonpub. opn.].) In April 2022, defendant filed a form petition for resentencing under section 1172.6. Defendant alleged that he was prosecuted and convicted of attempted murder under the natural and probable consequences doctrine. The trial court appointed the public defender to represent defendant. The People filed a response arguing that the jury found defendant guilty as the direct perpetrator who specifically intended to kill the person he shot at. Defendant filed a reply arguing that he had established a prima facie case for relief since the charging document allowed the prosecution to proceed under the natural and probable consequences doctrine. The trial court conducted a hearing on defendant’s prima facie eligibility for relief under section 1172.6. At the hearing, the trial court noted that it had reviewed the jury instructions and the verdicts. After argument by counsel for the parties, the court denied the petition. In ruling, the court explained that “we have an adequate record here . . . that shows no jury instructions were given on a natural and probable consequences theory or aiding and abetting. And the defendant was prosecuted under a specific intent to kill.