People v. Grossi CA4/1

Filed 7/9/24 P. v. Grossi CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082957

Plaintiff and Respondent,

v. (Super. Ct. No. SCD186014)

MARC DAMON GROSSI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Affirmed. Marc Damon Grossi, in pro. per.; and Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2007, a jury convicted Marc Damon Grossi of second degree murder

(Pen. Code, § 187,1 subd. (a); count 1) and felony hit and run resulting in death (Veh. Code, § 20001, subds. (a) & (b)(2); count 2).

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

Grossi was sentenced to an indeterminate term of 15 years to life in prison, which includes a concurrent term of three years for count 2. Grossi appealed and this court affirmed the judgment in an unpublished opinion. (People v. Grossi (Dec. 10, 2008, D050649).) In 2023, Grossi filed a petition for resentencing under section 1172.6. The court appointed counsel, received briefing, examined the record of conviction, and held a hearing. The court found Grossi was the sole perpetrator and the actual killer of the victim. The court concluded, Grossi was ineligible for resentencing under section 1172.6 and denied the petition without issuing an order to show cause and holding an evidentiary hearing. The court said: “At this time, based upon the record of conviction in this case, the Court finds that the defendant is ineligible for the relief requested as a matter of law. This finding is based upon a review of the record of conviction.