People v. Keys CA2/8

Filed 12/9/24 P. v. Keys CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B335263

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA054558) v.

MIKE KEYS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Andrea C. Thompson, Judge. Affirmed in part, reversed in part and remanded with directions. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Lauren Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2007, defendant and appellant Mike Keys was convicted by jury of two counts of assault on a peace officer (Pen. Code, § 245, subd. (d)(2); counts 3 & 4), and one count each of evading an officer (Veh. Code, § 2800.2, subd. (a); count 5), carrying a loaded firearm (Pen. Code, § 12301, subd. (a)(1); count 6) and resisting an officer (Pen. Code, § 148, subd. (a)(1); count 7). The jury also found true that defendant had personally used a firearm (Pen. Code, § 12022.53) and had suffered two prior convictions for serious or violent felonies within the meaning of the “Three Strikes” law (Pen. Code, § 667, § 1170.12). Defendant was acquitted of two counts of attempted murder of a peace officer (counts 1 & 2). At the original sentencing hearing, defendant was sentenced to 75 years to life, plus 11 years, calculated as follows: consecutive terms of 25 years to life on each of counts 3 (the base count), 4 and 5, plus a consecutive 10-year term for the firearm enhancement and a consecutive 1-year prison prior. The court imposed 180-day terms on each of counts 6 and 7 and ran those terms concurrently with the base count. The court imposed various fines and fees and awarded defendant 373 days of presentence custody credits (324 actual, 49 conduct). In 2009, this court ordered the superior court to correct a typographical error in the abstract of judgment and otherwise affirmed defendant’s conviction in its entirety. (People v. Keys (May 20, 2009, B204653) [nonpub. opn.].) In 2023, defendant filed in propria persona a petition requesting resentencing pursuant to Penal Code section 1172.75 (former § 1171.1). The trial court appointed counsel for defendant and set a hearing date, and the parties filed briefing. The People