Filed 3/9/22 P. v. Bryant CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

ERIC BRYANT,

Defendant and Appellant.

 B315034

 (Los Angeles County

 Super. Ct. No. TA016309)

THE COURT:*

Defendant and appellant Eric Bryant appeals from the 

order denying his petition for vacatur and resentencing under 

Penal Code section 1170.95.

1

In 1992 defendant and codefendant Michael Black were 

charged with two counts of willful, deliberate, premeditated 

attempted murder in violation of Penal Code sections 664 and 

187, subdivision (a). The information also alleged that in the 

1 All further statutory references are to the Penal Code, 

unless otherwise indicated.
2

commission of both crimes a principal was armed with a firearm 

within the meaning of section 12022, subdivision (a)(1). After a 

jury trial, defendant and Black were found guilty of both counts 

of attempted murder as charged. The jury found true that a 

principal had been armed with a firearm. The trial court 

sentenced defendant on each count to prison for life plus one year 

for the firearm enhancement and stayed the sentence on count 2. 

The judgment was affirmed on appeal. (See People v. Black

(Nov. 3, 1993, B069290) [nonpub. opn.].)

The evidence at trial established that in December 1991, 

Isaiah Gupton and his passenger Antwone Sanford stopped at a 

gas station in Compton. With Black in the passenger seat, 

defendant drove up beside Gupton and Sanford. Black fired three 

shots at them with a .32-caliber revolver. Gupton tried to drive

away; but defendant drove in front of him, blocking his escape. 

Black fired several more shots before both cars drove off in 

separate directions. Sanford suffered gunshot wounds to the nose 

and cheek. There were bullet holes in Sanford’s headrest and in 

Gupton’s windshield. The police were notified. Defendant’s car 

was stopped, and within a half-hour Gupton identified Black, 

defendant, and defendant’s car. Defendant presented a defense

of mistaken identity.

In January 2021 defendant filed, pro. per., a petition for 

resentencing pursuant to section 1170.95, alleging that he had 

been convicted of attempted murder under the felony-murder 

rule. Defendant attached to his petition a copy of the preliminary 

hearing transcript from the record of his conviction and the 

affidavit of Black stating that at the time the crimes were 

committed defendant was unaware that Black was armed; did 
3

not know that he was going to fire his weapon; and did not assist, 

encourage, or participate in the shooting.

The prosecutor filed a response to the petition urging 

denial on the grounds that defendant was ineligible for relief 

under section 1170.95 because his conviction was for attempted 

murder. Defendant, through by counsel, filed a reply including

the information, the clerk’s transcript, the reporter’s transcript, 

and the appellate opinion affirming the judgment. The reply

acknowledged that no instruction had been given regarding the 

felony-murder rule or the natural and probable consequences 

doctrine but argued that the policy underlying Senate Bill 

No. 1437 (2017-2018 Reg. Sess.) (which enacted § 1170.95)

required that relief should be extended to those convicted of 

attempted murder. Defendant asked the trial court to review the 

documents provided to determine his eligibility for relief.

On August 31, 2021, at the prima facie eligibility hearing, 

both counsel submitted the issue on their papers without further 

argument. The trial court read and considered all the documents 

filed in support and opposition to the petition, as well as the trial 

transcripts, including the jury instructions and the prosecutor’s 

closing arguments. The trial court denied defendant’s petition, 

ruling that defendant was ineligible for relief under section 

1170.95 because he had been convicted of attempted murder, not 

murder. The court also ruled that defendant was ineligible 

because the jury was not instructed with regard to the felony 

murder rule or the natural and probable consequences doctrine, 

and the only theory on which the prosecution relied was direct 

aiding and abetting with the intent to kill.2

2 Effective January 1, 2022, section 1170.95, subdivision 

(a)(2) permits those convicted of not only murder, but also to 
4

Defendant filed a timely notice of appeal from the order 

denying his petition. Appointed counsel found no arguable issues 

and requested this court to follow the procedures prescribed in 

People v. Serrano (2012) 211 Cal.App.4th 496. Under Serrano, 

where appointed counsel finds no arguable issues in an appeal 

seeking postjudgment relief, the appellate court is not required to 

conduct an independent review of the record for arguable issues. 

(See id. at p. 503.) However if defendant files his own 

supplemental brief or letter, the appellate court will review the 

contentions or arguments set forth therein. If defendant does not 

file a supplemental brief, the appeal will be dismissed as 

abandoned. (People v. Cole (2020) 52 Cal.App.5th 1023, 1039-

1040, review granted Oct. 14, 2020, S264278.) Defendant was 

notified of the court’s policy and failed to file a supplemental 

brief.

The appeal is dismissed.

* LUI, P. J. CHAVEZ, J. HOFFSTADT, J.

those convicted of attempted murder under the natural and 

probable consequences doctrine to petition for relief. However, 

where no instructions were given at trial on attempted murder 

under the natural and probable consequences doctrine, the 

petitioner remains ineligible for relief as a matter of law. (See 

People v. Daniel (2020) 57 Cal.App.5th 666, 677.)