People v. Leverette CA2/7 ( 2024 )

Filed 10/22/24 P. v. Leverette CA2/7
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, B334716
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. SA073833)
v.
DANTE LEVERETTE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of
Los Angeles County, Eleanor J. Hunter, Judge. Affirmed.
Marta I. Stanton, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
__________________________
Dante Leverette got out of a car and shot at several police
officers during a traffic stop. A jury convicted him on
three counts of attempted murder, three counts of assault with a
semiautomatic firearm on a peace officer, and one count of
possession of a firearm by a felon. The trial court twice sentenced
Leverette, but we reversed both times. Leverette appeals from
his third resentencing.
We appointed counsel to represent Leverette in this appeal.
Counsel for Leverette reviewed the record and did not identify
any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.)
Nor, after reviewing the record independently, have we.
Therefore, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A. Leverette Shoots an Officer from a Car
Late one night in May 2010, Leverette was a passenger in
the front seat of a car driven by David Dearth. At some point
Officer Kevin McInerney observed the car’s headlights were not
on; Dearth saw red and blue lights from McInerney’s patrol car.
Leverette said to Dearth, “You have a cop following you.” Dearth
turned on his headlights and pulled over. (People v. Leverette
(Jan. 12, 2021, B292120) [nonpub. opn.] (Leverette I).)
As Officer McInerney conducted the traffic stop, another
officer, Benito Seli, arrived as backup, and Sergeant Robert
Hernandez came to observe. Officer McInerney told Dearth to get
out of the car for a field sobriety test. Leverette remained in the
car. Officer Seli walked to the passenger side of Dearth’s car.
When Officer Seli got close to Dearth’s car, Leverette opened the
passenger door, leaned against it, and fired two shots at Officer
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Seli, one of which hit the officer in his lower abdomen. Leverette
fled, but was captured. Officer Seli suffered serious injuries.
(Leverette I, supra, B292120.)
B. A Jury Convicts Leverette on All Counts, but We
Reverse Two of the Attempted Murder Convictions
A jury convicted Leverette on three counts of attempted
willful, deliberate, and premeditated murder, three counts of
assault with a semiautomatic firearm on a peace officer, and
one count of possession of a firearm by a felon. The jury also
found true allegations Leverette personally and intentionally
used and discharged a firearm causing great bodily injury or
death, within the meaning of Penal Code section 12022.53,
subdivisions (b)-(d),1 and section 12022.5, subdivisions (a) and (b).
(Leverette I, supra, B292120.)
The trial court sentenced Leverette to a prison term of
120 years to life (three consecutive terms of 15 years to life for
the attempted murder convictions, plus three terms of 25 years to
life for the enhancements under section 12022.53, subdivision
(d)), plus seven years (the upper term of three years for
possession of a firearm by a felon, plus two years for an on-bail
enhancement and two one-year prior prison term enhancements).
The court stayed imposition of sentences on the three convictions
for assault on a peace officer with a semiautomatic firearm.
(Leverette I, supra, B292120.)
Leverette appealed. He argued substantial evidence did
not support two of his attempted murder convictions. We
reversed those two convictions, rejected Leverette’s other
1 Statutory references are to the Penal Code.
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arguments, and directed the trial court to resentence Leverette
on his remaining convictions. (Leverette I, supra, B292120.)
C. The Trial Court Resentences Leverette and Imposes
Three Upper Terms
At the resentencing hearing, the trial court sentenced
Leverette to a prison term of 111 years to life. On the attempted
murder conviction (for the officer Leverette hit with a bullet), the
trial court imposed a term of 15 to life, plus 25 years to life for the
firearm enhancement under section 12022.53, subdivision (d).
On two of Leverette’s convictions for assault with a
semiautomatic firearm on a peace officer (for the two officers
Leverette did not hit), the court imposed the upper term of
nine years, plus 25 years to life for the firearm enhancement
under section 12022.53, subdivision (d). And on the conviction for
possession of a firearm by a felon, the court imposed the upper
term of three years.
We reversed again. (People v. Leverette (Feb. 7, 2023,
B317627) [nonpub. opn.] (Leverette II).) We held “the trial court
erred in imposing the multiple upper terms without a stipulation
or a jury finding true beyond a reasonable doubt the facts
underlying the circumstances justifying those terms.” (Ibid.) We
also concluded the error was not harmless and ordered the trial
court to resentence Leverette.
D. The Third Sentencing Hearing
At the next sentencing hearing, the trial court declined to
strike the firearm enhancement, finding “it would not be in the
interest of justice.” The trial court sentenced Leverette on the
attempted murder conviction to 15 years to life, plus 25 years to
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life for the firearm enhancement. On two of the assault
convictions (one of which was stayed pursuant to section 654), the
trial court selected the middle term of seven years, plus 25 years
to life for the firearm enchantment. On the third assault
conviction, the court imposed a sentence of two years
four months, plus 25 years to life for the firearm enhancement.
On the conviction for possession of a firearm by a felon, the court
imposed a term of eight months. The trial court also recalculated
Leverette’s fines, fees, and custody credits.
DISCUSSION
We appointed counsel to represent Leverette in his appeal.
After reviewing the record, counsel filed a brief raising no issues.
Appointed counsel advised Leverette on August 19, 2024 that he
could personally submit any contentions or issues he wanted the
court to consider. Counsel also sent Leverette the record on
appeal, as well as a copy of her brief. We also sent Leverette a
letter on August 19, 2024, advising him that within 30 days he
could submit a supplemental brief or letter stating any grounds
for an appeal, or contentions or arguments which he wishes this
court to consider. We have not received a response from
Leverette.
We have examined the record and are satisfied that
appellate counsel for Leverette has complied with her
responsibilities and that there are no arguable issues. (Smith v.
Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006)
40 Cal.4th 106, 118-119; People v. Wende, supra, 25 Cal.3d at
pp. 441-442.)
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DISPOSITION
The judgment is affirmed.
SEGAL, J.
We concur:
MARTINEZ, P. J.
FEUER, J.
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