People v. Lawrence CA2/7

Filed 5/14/25 P. v. Lawrence CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B336096

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA142542) v.

HERBERT LAWRENCE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hector E. Gutierrez, Judge. Reversed with directions. William J. Capriola, 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, Wyatt E. Bloomfield, Supervising Deputy Attorney General, and Lindsay Boyd, Deputy Attorney General, for Plaintiff and Respondent. ________________________________

Herbert Lawrence shot an unarmed man multiple times at a gas station. (People v. Lawrence (Apr. 10, 2010, B285102) [2019 WL 1552366] [nonpub. opn.].) A jury convicted him in August 2017 of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)),1 possession of a firearm by a felon (§ 29800, subd. (a)), and attempted voluntary manslaughter (§§ 192, subd. (a), 664) as a lesser included offense of attempted murder. The jury found true allegations Lawrence personally used a firearm, within the meaning of section 12022.5, subdivision (a), and personally inflicted great bodily injury, within the meaning of section 12022.7, subdivision (a). In a bifurcated proceeding, Lawrence admitted that he had a prior conviction for a serious or violent felony, within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and that he served three prior prison terms, within the meaning of section 667.5, former subdivision (b). The trial court sentenced Lawrence to an aggregate prison term of 35 years four months, consisting of the upper term of nine years on the conviction for assault with a semiautomatic firearm, doubled under the three strikes law, plus the upper term of 10 years for the firearm-use enhancement and three years for the great-bodily-injury enhancement; one year four months (one-third the middle term of two years, doubled under the three strikes law) on the conviction for possession of a firearm by a felon; and three one-year terms for the prior prison term enhancements under section 667.5, former subdivision (b). On the conviction for attempted voluntary manslaughter the court stated, “I’m going to stay it, pursuant to [section] 654.”