Opinion
2d Crim. No. B300223
02-04-2020
THE PEOPLE, Plaintiff and Respondent, v. BILL LENNAN, Defendant and Appellant.
Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. BA320412)
(Los Angeles County)
Bill Lennan appeals an order denying his petition for resentencing pursuant to Penal Code section 1170.95.
All further statutory references are to the Penal Code. --------
We appointed counsel to represent Lennan in this appeal. After examination of the record, counsel filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) On January 9, 2020, we advised Lennan that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. On January 23, 2020, we received his response contending that the resentencing provisions of section 1170.95 apply to his convictions of conspiracy to commit first degree murder, and willful, premeditated, and deliberate attempted murder. (§§ 182, subd. (a), 664, 187, subd. (a).) Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case and a brief discussion of Lennan's contention.
FACTS AND PROCEDURAL HISTORY
In 2008, a jury convicted Lennan of first degree murder, conspiracy to commit murder, and willful, premeditated, and deliberate attempted murder. The jury also found that Lennan committed the crimes to benefit a criminal street gang, and that a principal discharged a firearm causing great bodily injury. (§§ 186.22, subd. (b)(1), 12022.53, subds. (b)-(e).) Lennan appealed. We reversed the murder conviction due to instructional error, but affirmed the remaining two convictions. (People v. Lennan (Jan. 27, 2010, B210522) [nonpub. opn.].) We remanded for resentencing. On remand, the prosecutor elected not to retry the murder count.
On January 24, 2019, Lennan filed a petition in the trial court requesting resentencing pursuant to section 1170.95. On June 21, 2019, the trial court denied the petition, ruling that section 1170.95 does not apply to conspiracy to commit murder or to willful, premeditated, and deliberate attempted murder. Lennan now appeals that ruling.
DISCUSSION
Section 1170.95, subdivision (a) provides in relevant part: "A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have petitioner's murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply: [¶] . . . The petitioner was convicted of first degree or second degree murder . . . ." By its plain language, section 1170.95 does not apply to convictions of conspiracy to commit murder or to willful, premeditated, and deliberate attempted murder.
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P. J. We concur:
YEGAN, J.
TANGEMAN, J.
Curtis B. Rappe, Judge
Superior Court County of Los Angeles
Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.