P. v. Spears CA2/5
In 2015, defendant Dajuan Spears (defendant) pled no contest, pursuant to a plea agreement, to two counts of assault on a peace officer with a semiautomatic firearm (Pen. Code, § 245(d)(2)). Defendant admitted, in connection with one of these counts, that he personally discharged a firearm within the meaning of section 12022.53(b). On October 30, 2015, the trial court sentenced defendant to 17 years in prison.
In February 2021, defendant filed a petition asking the trial court to resentence him pursuant to section 1170.91. That statute “allows a person convicted of a felony who may have certain kinds of trauma as a result of his or her military service to petition for resentencing.” (People v. Pixley (2022) 75 Cal.App.5th 1002.) The trial court denied defendant’s request for section 1170.91 relief.
Defendant noticed an appeal from the trial court’s order. After examining the record, counsel filed an opening brief raising no issues.
Comments on P. v. Spears CA2/5