People v. Courtney CA3

Filed 10/12/21 P. v. Courtney CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C091706

Plaintiff and Respondent, (Super. Ct. No. 02F00882)

v.

DERRICK COURTNEY,

Defendant and Appellant.

Defendant Derrick Courtney appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant argues the trial court erred when it determined he was ineligible for resentencing as a matter of law based on the jury’s robbery-murder special circumstance finding. We will affirm the trial court’s order.

Undesignated statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

In 2004, a jury found defendant guilty of first…