People v. Scott CA2/5

Filed 6/12/25 P. v. Scott CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B335316

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA420534)

SEDRIC WAYNE SCOTT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Terry A. Bork, Judge. Vacated and remanded. Laini Millar Melnick, 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, Scott A. Taryle, Supervising Deputy Attorney General, and Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent.

This is the second appeal arising out of an order resentencing defendant and appellant Sedric Scott (defendant) pursuant to Penal Code section 1172.6.1 This time, we are asked to decide whether the trial court erred in (1) selecting robbery as the crime to which defendant’s second degree murder conviction should be redesignated, and (2) selecting the high term for the robbery sentence.

I. BACKGROUND A. The Offense Conduct Defendant, John Armstrong (Armstrong), and Curtis Lowe (Lowe) were members of the Swans criminal street gang. In May 2012, defendant and Armstrong approached victim Patrick Lister (Lister) outside a market and asked where he was from— commonly understood to be a gang-related confrontation. Lister did not respond and entered the market. Defendant and Armstrong followed Lister inside, and defendant tore a gold chain from Lister’s neck. As defendant ran out of the market, Lister gave chase. Defendant, Armstrong, and other members of the Swans gang then attacked Lister. Lowe ran from across the street and joined in the group assault. At some point during the altercation, defendant pocketed the chain. When the attack stopped, Lister’s chest was covered in blood. Lister died days later from a six-inch-deep stab wound that had pierced his heart. The market’s surveillance camera, which captured portions of the attack, showed Lowe walking toward the market from the