People v. Jenkins CA2/8

Filed 6/11/24 P. v. Jenkins CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B333782

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA055257-01} v.

MARK JENKINS,

Defendant and Appellant.

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

Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying defendant Mark Jenkins’s petition for resentencing brought under Penal Code1 section 1172.6. We affirm. We also grant defendant’s request for judicial notice of the appellate record in his initial appeal under case No. B181966. BACKGROUND On November 11, 2003, the People filed an Information charging appellant Mark Jenkins with murder and alleging a robbery-murder special circumstance and firearm and prior strike allegations, including personal use and discharge of a firearm causing death. (§§ 187, subd. (a); 190.2, subd. (a)(17); 12022.53, subd. (d); 1170, subd. (a)-(d); 667.5, subd. (a).) On February 14, 2005, a jury found Jenkins guilty of first degree murder and found true the special circumstance that the murder occurred during a robbery. On March 22, 2005, the firearm enhancement was also found true. On February 28, 2007, the trial court sentenced Jenkins to life without the possibility of parole, plus 25 years to life for firearm enhancement. On July 17, 2023, Jenkins filed a petition for resentencing pursuant to former section 1170.95, renumbered on June 30, 2022 as section 1172.6. On August 4, 2023, the trial court summarily denied Jenkins’s petition without appointing counsel or ordering briefing on any issue. The trial court found Jenkins ineligible for relief as a matter of law. Jenkins timely appealed. For context only, we include the facts of the case set out in our opinion affirming Jenkins’s conviction. Jenkins entered a