Filed 6/3/22 P. v. Geise CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B312016 (Super. Ct. No. 2001019839) Plaintiff and Respondent, (Ventura County) v. RICHARD JOHN GEISE, JR., Defendant and Appellant. Richard John Geise, Jr., appeals from the trial court’s order denying his petition for Penal Code1 section 1170.95 resentencing. He contends the court erred when it: (1) determined that prosecutors proved he is ineligible for resentencing, and (2) considered the trial judge’s comments about the evidence when making that determination. We affirm. 1 Statutory references are to the Penal Code. FACTUAL AND PROCEDURAL HISTORY The Central Market shooting Toni Manzetti had a job repossessing cars in Ventura. Geise sometimes took the repossessed cars to auction for her. Sam Patterson was a friend of Manzetti. Alfonso Delgado, Geise’s cousin, was a friend of Patterson. On April 4, 2001, Manzetti repossessed a white Toyota Corolla and a gray Chrysler LeBaron. She lent Geise the Corolla to drive until he could take it to the next auction. She was going to lend the LeBaron to another friend, but the car was not where she had parked it when the friend arrived to borrow it on April 6. At around noon on April 6, Geise left a Ventura motel carrying a blue duffle bag with a camouflage vest inside. He told his girlfriend, Jeanette Barsch, that he was going to make some money. His cousin Delgado was with him. The two drove away in the white Corolla. Around 12:45 p.m., one of Manzetti’s neighbors noticed a white car parked outside on the street. A gray LeBaron pulled up, and the driver of the white car got into its passenger seat. The LeBaron then started to drive off, but quickly stopped. Its driver got out, opened one of the white car’s doors, and took out a blue duffle bag. The man then got back into the LeBaron and drove away. Fifteen minutes later, two masked men wearing camouflage vests entered Central Market, located a few blocks down the street from Manzetti’s apartment. They demanded money. When a clerk reached for a bag, both of the masked men started shooting. Two clerks were injured, and a third was killed. 2 The masked men fled the market, got into the gray LeBaron, and drove away. When police responded, they found four expended shell casings from a .45-caliber Winchester, and a fifth from a .40-caliber Smith & Wesson. A few minutes after the shooting, Manzetti heard tires screeching and saw a car drive into the parking area behind her apartment. Delgado then came inside. He seemed upset, and Patterson spoke with …
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