People v. Jenkins CA4/1

Filed 5/23/25 P. v. Jenkins CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084174

Plaintiff and Respondent,

v. (Super. Ct. No. SCD172046)

MARKIETH JENKINS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J. Danielsen, Judge. (Retired Judge of San Diego Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Jeanine G. Strong, 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 Beesley and Daniel Rogers, Deputy Attorneys General for Plaintiff and Respondent.

Markieth Jenkins appeals the trial court’s order finding him ineligible

for relief under Penal Code1 section 1172.75, striking his two prison priors as unauthorized, and ordering that the abstract of judgment be amended accordingly. Jenkins contends the court erred by denying him a full resentencing hearing. Because we agree Jenkins was ineligible for relief under the plain language of section 1172.75 and that he was not entitled to a full resentencing, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In late 2017, a jury convicted Jenkins of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 1) and battery with serious bodily injury (§ 243, subd. (d); count 2) and found true great bodily injury allegations (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). Jenkins admitted two prior strikes (§§ 667, subds. (b)–(i), 1170.12, 668), two serious felony priors (§§ 667, subd. (a)(1), 668), two prisons priors (§§ 667.5, subd. (b), 668), and three probation denial priors (§ 1203, subd. (e)(4)). In March 2018, the court sentenced him to 13 years plus 25 years to life. The minutes and abstract reflect the court’s oral pronouncement that it was staying the two one-year prison priors. Jenkins appealed. We conditionally reversed and remanded the matter for a diversion eligibility hearing. (People v. Jenkins (2019) 40 Cal.App.5th 30, 41.) We instructed that if the court found Jenkins ineligible for diversion on remand, it must “reinstate [Jenkins’s] convictions and conduct a new sentencing hearing.” (Ibid.) On remand, in July 2021, the trial court found Jenkins ineligible for diversion. The court then imposed “the same sentence [it] did before, exactly the same way,” but did not expressly mention the prison priors. The abstract