People v. McCoy CA2/2

California Court of Appeal May 28, 2024 No. B326902Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 as a matter of law because the record of conviction established he was the sole and actual killer, precluding any theory of imputed malice.

Issues

Whether the trial court erred in its prima facie analysis of the defendant's section 1172.6 petition by relying on the factual summary of a prior appellate opinion.
Whether any procedural error in the trial court's denial of the petition was harmless.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because defendant is ineligible for section 1172.6 relief as a matter of law, we affirm.”

“The record of conviction in this case conclusively establishes that defendant was convicted as the sole and actual killer or attempted killer of the three victims.”

“[S]ince [defendant] does not fall within the provisions of section 117[2.6] as a matter of law, any of the purported [procedural] errors were harmless under any standard of review”

Filed 5/28/24 P. v. McCoy CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B326902

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA057077) v.

MAURICE MONTAIN MCCOY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Norman J. Shapiro, Judge. Affirmed.

David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant and appellant Maurice Montain McCoy appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.61 (former § 1170.95).2 Because defendant is ineligible for section 1172.6 relief as a matter of law, we affirm. BACKGROUND In 1992, defendant was charged with, inter alia, murder (§ 187, subd. (a) (count 1)); two counts of attempted murder (§§ 664, 187, subd. (a) (counts 2–3)); robbery (§ 211 (count 5)); and residential burglary (§ 459 (count 8)).3 The information further alleged that defendant committed the murder while engaged in robbery and burglary (§ 190.2, subd. (a)(17)); that he committed the attempted murders willfully, deliberately, and with premeditation (§ 664, subd. (a)); that he personally used a firearm to commit the murder, attempted murders, and robbery (§ 12022.5, subd. (a)); and that he inflicted great bodily injury on the victim of count 3 (§ 12022.7). Defendant was the sole person charged for these crimes. At defendant’s trial, the prosecution presented evidence that defendant entered the house where the three victims were hanging out and drinking. Defendant ordered all three of them to lie on the floor, asked them for money, and pulled out a

People v. McCoy CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B326902

MAURICE MONTAIN MCCOY,

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