People v. Bristow CA3

Filed 4/9/25 P. v. Bristow CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C101275

v. (Super. Ct. No. CR201322792)

DAVID EARL BRISTOW,

Defendant and Appellant.

In 2014, a jury convicted defendant David Earl Bristow of conspiracy to commit premeditated murder, attempted murder, assault with a firearm, and assault with a deadly weapon. Among other things, the jury found true allegations that defendant used a firearm and inflicted great bodily injury as part of the conspiracy. The trial court found that defendant had two prior prison terms and sentenced defendant to a determinate term of 15 years and an indeterminate term of 25 years to life in prison. In subsequent

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resentencing proceedings under Penal Code section 1172.75,1 the trial court struck the two prior prison term enhancements and a great bodily injury enhancement, but declined further sentence reductions. Defendant now contends that in declining to further reduce his sentence, the trial court abused its discretion in focusing on defendant’s current dangerousness but not his future dangerousness. But because he did not object or raise this assertion in the trial court, we conclude his appellate contention is forfeited. We will affirm the judgment. BACKGROUND Defendant was paid to assist in killing the victim. As the victim was driving to work around midnight, a white pickup stopped in front of him. Defendant forced the victim from his vehicle at gunpoint, and the victim was beaten, stabbed, shot, run over by his own van, and left for dead. The victim survived. Defendant offered to finish the job for an additional $2,000. (People v. Bristow (Apr. 4, 2018, C076323) [nonpub. opn.] (Bristow).) The jury convicted defendant of conspiracy to commit premeditated murder (§ 182, subd. (a)(1) -- count one), attempted murder (§§ 664/187 -- count two), assault with a firearm (§ 245, subd. (a)(2) -- count three), and assault with a deadly weapon (§ 245, subd. (a)(1) -- count five). Among other things, the jury found true allegations that defendant used a firearm (§ 12022.53, subd. (b)) and inflicted great bodily injury (§ 12022.7) as part of the conspiracy. The trial court found that defendant had two prior prison terms (former § 667.5, subd. (b)) and sentenced him to 25 years to life in prison for the conspiracy, 10 years for the firearm enhancement, three years for the great bodily injury enhancement, and one year each for the two prior prison term enhancements.