People v. Lewis CA2/5

Filed 6/13/24 P. v. Lewis CA2/5 Reposting correct version NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B335016

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA030632) v.

TEDDY LEWIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William L. Sadler, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Teddy Lewis appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1 1172.6 (former section 1170.95). Defendant’s appointed counsel found no arguable issues and filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and defendant filed a supplemental brief. Finding no merit to defendant’s argument, we affirm. In 1997, defendant was convicted of one count of attempted murder (§§ 664, 187, subd. (a)) following a no contest plea. He was sentenced to life imprisonment, with an additional three 2 years for a firearm enhancement. (§ 12022.5.) Twenty-five years later, defendant filed his petition for resentencing in pro. per. The trial court appointed counsel. The prosecution conceded defendant had established a prima facie case for resentencing under section 1172.6, and the matter proceeded to an evidentiary hearing. At the hearing, the prosecution relied on the transcript from defendant’s 2003 initial parole hearing. Over defendant’s objection, the trial court found the transcript admissible, under People v. Mitchell (2022) 81 Cal.App.5th 575. At the parole hearing, defendant was sworn. The Presiding Commissioner set forth the facts of the crime, and asked defendant if he had committed the crime; defendant agreed. The facts were as follows: Defendant and a co-defendant robbed a business at