People v. Pickett CA2/2

Filed 7/1/24 P. v. Pickett CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B331852

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA036097) v.

SERGERVICK PICKETT,

Defendant and Appellant.

THE COURT:

Sergervick Pickett (defendant) appeals from the order of the trial court denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2 Defendant’s

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

appointed counsel found no arguable issues and filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Under the standard articulated in Delgadillo, we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments that defendant raises in his letter brief. (Delgadillo, at pp. 231-232.) Finding none of his arguments meritorious, we affirm. FACTUAL AND PROCEDURAL BACKGROUND 3 I. Facts A. The underlying crimes One morning in September 1997, defendant entered a liquor store in Artesia, California. He jumped over the counter, pointed a gun at the owner, and announced a holdup. A struggle ensued during which the store owner was shot, and a stray bullet struck a customer at the other side of the counter. Defendant grabbed $9 from the cash register and fled. Defendant then went on a crime spree and committed a string of armed robberies. In late November 1997, he robbed two people at a market in Long Beach, California, and threatened to shoot one of them in the head. In mid-December 1997, he committed a robbery in Torrance, California. In late December 1997, he and an armed companion committed three more robberies in the Long Beach area. Finally, in February 1998,