People v. Ranieri CA2/6

Filed 4/2/24 P. v. Ranieri CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B332033 (Super. Ct. No. KA031043) Plaintiff and Respondent, (Los Angeles County)

v.

STEPHEN RANIERI,

Defendant and Appellant.

Stephen Ranieri appeals the trial court’s denial of his motion for resentencing pursuant to Penal Code section 1172.6 (formerly § 1170.95).1 Appellate counsel filed an opening brief informing this court that she reviewed the record and could not find any arguable issues to raise on appeal. Counsel requested that we send the opening brief to Ranieri and inform him of his right to file a supplemental letter or brief. We so informed Ranieri and he filed a supplemental letter. We have evaluated the supplemental letter and find no issues of merit. (People v.

1 All statutory references are to the Penal Code.

Delgadillo (2022) 14 Cal.5th 216, 232 [when appellate counsel has found no arguable issues and the appellant submits a supplemental brief or letter, “the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion”].) Accordingly, we conclude that the court properly denied Ranieri’s resentencing motion, and affirm. FACTUAL AND PROCEDURAL HISTORY2 This appeal concerns the 1996 willful, premeditated, and deliberate attempted murder of Demond White following an altercation during a basketball game at a Covina park. When Ranieri retrieved a firearm from a blanket, White and the other basketball players ran away. Ranieri followed White, and shot at him. A jury convicted Ranieri of willful, premeditated, and deliberate attempted murder and assault with a deadly weapon. (§§ 664, 187, subd. (a), 245, subd. (a)(2).) It also found that he personally used a firearm during commission of the crimes. (§ 12022.5, subd. (a).) In a separate proceeding, the trial court found that Ranieri suffered two prior serious felony and strike convictions. (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Ranieri received a prison sentence of 45 years to life. We affirmed the conviction in People v. Ranieri, supra, B114080. At Ranieri’s trial, the court instructed regarding the elements of willful, deliberate, and premeditated attempted murder, including the requirement of specific intent to kill. (CALJIC No. 3.31.) The court did not instruct regarding felony