People v. Hamilton CA2/6

Filed 9/4/24 P. v. Hamilton CA2/6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B319268 (Super. Ct. No. BA381749) Plaintiff and Respondent, (Los Angeles County)

v. OPINION ON TRANSFER FROM THE SUPREME RICKY HAMILTON, COURT

Defendant and Appellant.

Ricky Hamilton was sentenced to 15 years to life for attempted murder (Pen. Code,1 §§ 664, 187, subd. (a)) and 25 years to life for use of a firearm in the commission of the offense. The trial court stayed imposition of sentence on a gang enhancement (§ 186.22, subd. (b)(1)) pursuant to section 654. In our original decision in this matter, we concluded the Governor’s commutation of Hamilton’s sentence to 15 years to life made a remand to the trial court to exercise its discretion under

1 All references are to the Penal Code unless otherwise

indicated.

section 12022.53, subdivision (h) moot. We also concluded that amendments to section 186.22 do not require a remand because, under the evidence produced at trial, any reasonable juror would find the gang enhancement true under the amended version of section 186.22. Our Supreme Court transferred the matter back to the Court of Appeal with directions to vacate our decision with respect to section 186.22 amendments and to reconsider it in light of People v. Clark (2024) 15 Cal.5th 743 (Clark), and People v. Cooper (2023) 14 Cal.5th 735 (Cooper). We reverse the gang enhancement. In all other respects, we affirm. FACTS Because this matter has previously come before this court, a brief statement of facts will be sufficient. The Black P Stones gang is a “Bloods” gang. The Rollin 30’s gang (also known as the Harlem 30’s) is a “Crips” gang. The gangs are rivals. Hamilton is a member of the Black P Stones gang. Wassan Flores (the victim) is an associate of the Rollin 30’s gang. In 2011, Hamilton was dating Rondalyn Johnson. Flores was a friend of Johnson. Flores lived in an apartment in Black P Stones gang territory with his mother and sister. In February 2011, Hamilton and another man came to the apartment door, and Hamilton asked Flores if he was “from Harlem.” When a security guard appeared, Hamilton and the other man left. Flores felt disrespected. A couple of days later, Flores saw Hamilton on the street and challenged him to a fight. Hamilton ran away. Flores relayed this information to Johnson.