People v. Washington CA2/2

Filed 12/12/24 P. v. Washington CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B334803

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. TA135789)

MICHAEL SHANE WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Reversed and remanded with directions.

California Appellate Project, Richard B. Lennon, 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, Senior Assistant Attorney General, Steven D. Matthews, Supervising

Deputy Attorney General, and J. Michael Lehmann, Deputy Attorney General, for Plaintiff and Respondent.

****** Michael Shane Washington (defendant) argues that the trial court erred, during an August 2023 resentencing, in not striking a one-year sentencing enhancement for serving a prior prison term (Pen. Code, § 667.5, subd. (b)).1 The Attorney General agrees the enhancement should be stricken. We also agree, and reverse the judgment and remand with directions to strike the one-year enhancement. FACTS AND PROCEDURAL BACKGROUND I. Facts2 A. The underlying crime In November 2014, defendant was a member of the 89 Family Swans street gang, which is affiliated with the Bloods street gang. Late on a Saturday night that month, he traveled to a housing complex in the territory of the rival Avalon Garden Crips street gang, knocked on the door of a random apartment, and asked the 20-year-old man who answered the door, “Where you from?”; when the man responded “Avalon,” defendant shot him in the chest and killed him. B. Prosecution, conviction and appeal In the operative information, the People charged defendant (and others) with murder (§ 187, subd. (a)), alleged that