P. v. Delaney
Filed 2/3/06 P. v. Delaney CA5





NOT TO BE PUBLISHED


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






FIFTH APPELLATE DISTRICT






THE PEOPLE,

Plaintiff and Respondent,

v.

LONNIE DEFORE DELANEY,

Defendant and Appellant.

F046427


(Super. Ct. No. SC083155A)




O P I N I O N


APPEAL from a judgment of the Superior Court of Kern County. Richard Oberholzer, Judge.

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Janine R. Busch, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

The facts of this case were detailed in a previous opinion (People v. Delaney, F039942, Jan. 15, 2004) and, therefore, are not repeated here. After a trial in which a jury found appellant guilty of malicious discharge of a firearm at an inhabited dwelling, knowingly permitting another to discharge a firearm from a vehicle and being a felon in possession of a firearm, the trial court sentenced him to 15 years to life in prison. This court reversed the judgment and remanded for â€