People v. Ali CA2/3

California Court of Appeal May 16, 2024 No. B332975Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding that the defendant failed to demonstrate that the absence of trial transcripts prejudiced his evidentiary hearing or prevented meaningful review.

Issues

Whether the trial court erred in denying a petition for resentencing under Penal Code section 1172.6 when trial transcripts were unavailable.
Whether the absence of trial transcripts constitutes a basis for reversal under Penal Code section 1181, subdivision (9).

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court denied his resentencing petition because Ali was the actual shooter—a fact that Ali himself testified to at the evidentiary hearing.”

“The loss, destruction, or absence of a portion of reporter’s notes does not per se require a new trial.”

“Ali has not explained how the omission of the trial transcripts was substantial or consequential to his evidentiary hearing, or how they prevent meaningful appellate review.”

Filed 5/16/24 P. v. Ali CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B332975

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA084063) v.

OMARI ALI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Affirmed. Omari Ali, in pro. per.; Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Omari Ali appeals from an order after judgment denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Ali filed a supplemental brief asking us to reverse the order denying his resentencing petition. We find no basis for reversal and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND The Underlying Proceedings We take our statement of the evidence from the Court of Appeal opinion affirming the judgment of conviction. (People v. Ali (Oct. 21, 2011, B223727) [nonpub. opn.] (Ali).)2 “On July 27, 2008, Larry Hammet (the decedent) worked at a Pomona barbershop but also sold marijuana there. On that date, [Breeana] Finley drove Keyon Hill and Ali in a car to the barbershop so Hill could buy marijuana. [Fn. omitted.] Finley remained in the car while Ali and Hill entered the barbershop. After Ali and Hill entered, they struggled with Hammet over a bag containing a marijuana brick. Ali, using a firearm, shot Hammet multiple times . . . . Ali and Hill took the marijuana brick and entered the car, and Finley drove them away.”

People v. Ali CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B332975

OMARI ALI,

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