People v. Knight CA1/1

Filed 11/20/24 P. v. Knight CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A168726

v. (Alameda County JEVANNI KNIGHT, Super Ct. No. 19CR011428) Defendant and Appellant.

Defendant Jevanni Knight appeals from the trial court’s imposition of an upper term sentence following his convictions for voluntary manslaughter and possession of a firearm by a felon. (Pen. Code,1 §§ 192, subd. (a), 29800, subd. (a)(1).) The Attorney General concedes that remand for resentencing is appropriate. We reverse and remand for a full resentencing hearing. I. FACTUAL AND PROCEDURAL BACKGROUND In 2019, when defendant was 22 years old, he was crossing the street with his friend D.H. Michael Sadberry drove his car near D.H. in the crosswalk, and D.H. yelled that Sadberry almost hit him. Sadberry exited his car and began punching D.H. D.H. fought back and yelled for help. As the fight continued and Sadberry held D.H.’s sweatshirt, defendant fired a shot at Sadberry. The shot hit Sadberry in the neck, killing him.

1 Undesignated statutory references are to the Penal Code.

The Alameda County District Attorney filed an information charging defendant with murder (§ 187, subd. (a)) and unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)). The information further alleged as to the murder charge that defendant had personally and intentionally discharged a firearm causing great bodily injury or death. (§ 12022.53, subds. (a), (b), (c), (d).) The prosecution dismissed this enhancement prior to trial. The information alleged defendant was ineligible for probation because he committed the offenses while on felony probation. (§ 1203, subd. (k).) The information identified a February 2016 conviction under section 25850 as the felony supporting the section 1203, subdivision (k) allegation. The prosecution did not allege aggravating factors at any point during the proceedings. (§ 1170, subd. (b)(2).) During trial, the parties stipulated that defendant had a prior “felony conviction,” but the stipulation did not specify the charge or the probationary sentence. Defendant testified that he shot Sadberry because he was afraid Sadberry would keep hurting D.H. Defendant asserted that he grew up in an unsafe area where gun violence was common and knew friends and family who were killed. The jury acquitted defendant of murder, finding him guilty of voluntary manslaughter. (§ 192, subd. (a).) The jury also convicted defendant of unlawful firearm possession. (§ 29800, subd. (a)(1).) At sentencing, the prosecution sought an upper term sentence of 11 years for voluntary manslaughter and a consecutive sentence of 8 months for unlawful firearm possession. The defense argued for a presumptive low term sentence based on defendant’s youth and history of trauma witnessing gun violence as a youth. (§ 1170, subd. (b)(6).) The defense further argued that the prosecution’s proposed sentence violated section 1170, subdivision (b)(2) because defendant’s prior conviction was not pled or proven to a jury and the