People v. Oliver CA3

Filed 5/24/24 P. v. Oliver CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098469

Plaintiff and Respondent, (Super. Ct. Nos. MANCRFE20130001316, v. MF036585C)

CHRISTOPHER WAYNE OLIVER,

Defendant and Appellant.

Defendant Christopher Wayne Oliver originally appealed his murder conviction, among other offenses, and a panel of this court affirmed the judgment in People v. Oliver (June 28, 2019, C081847) [nonpub. opn.] (Oliver I). Before issuance of the remittitur in Oliver I, defendant filed a petition for resentencing under Penal Code1 section 1170.95 (now section 1172.6), which the trial court summarily denied.

1 All undesignated statutory references are to the Penal Code. Defendant originally filed his petition in August 2019 under former section 1170.95, which was renumbered to

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Defendant’s appeal from the summary denial (case No. C090548 (Oliver II)) was dismissed on the People’s motion because the order was found nonappealable. Defendant later filed a second resentencing petition, which the trial court denied based on its earlier order denying the first petition. Defendant again appeals. The parties agree,2 as do we, that the trial court lacked jurisdiction to rule on the initial resentencing petition because it had not yet regained jurisdiction of the matter following defendant’s direct appeal in Oliver I. The trial court’s order denying the petition was therefore null and void and cannot serve as a basis for denying defendant’s second resentencing petition. Accordingly, we shall reverse and remand for further proceedings on the second petition. I. BACKGROUND According to our decision in Oliver I, in 2013 defendant’s friend Michael Roessler and the victim Michael Lawrence got into a verbal argument at a bar. After Lawrence left, Roessler contacted defendant, who provided him with a gun. They went to Lawrence’s house where defendant and Lawrence engaged in a physical fight. During the fight, Roessler fired the gun, killing Lawrence and injuring defendant. (Oliver I, supra, C081847.) Defendant was found guilty of first degree premeditated murder (§ 187, subd. (a)—count 1), conspiracy to commit murder (§ 182, subd. (a)(1)—count 2), and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)—count 6). The jury also found true an allegation that a principal in the commission of the murder and conspiracy crimes was armed with a firearm. (§ 12022, subd. (a)(1).) The trial court