People v. May CA4/3

Filed 1/10/25 P. v. May CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063636

v. (Super. Ct. No. 12HF1774)

ROSEIM KENYATTA MAY, JR., OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded with directions. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General,

Christopher P. Beesley and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Roseim Kenyatta May, Jr., appeals the trial court’s denial of his petition to recall his sentence and resentence him, pursuant to Penal Code section 1172.75.1 Defendant argues he is entitled to be resentenced on his now invalid section 667.5, subdivision (b) prior prison term enhancements. The Attorney General argues defendant is not entitled to resentencing because the trial court struck the section 667.5 enhancements. We agree with defendant and reverse and remand for resentencing. PROCEDURAL HISTORY In 2016, defendant pleaded guilty to two counts of robbery (§ 211), assault with a deadly weapon (§ 245, subd. (a)(1)), and street terrorism (§ 186.22, subd (a)). Defendant admitted personal use of a firearm (§ 12022.3, subd. (b)), as well as gang (§ 186.22, subd. (b)), prior strike (§ 667, subds. (c), (e)), and two prior prison term (§ 667, subd. (b)) allegations.