People v. Lawrence CA3

Filed 8/8/25 P. v. Lawrence CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C101453

Plaintiff and Respondent, (Super. Ct. No. 99F01033)

v.

REGINALD LAWRENCE,

Defendant and Appellant.

Defendant Reginald Lawrence appeals from a resentencing order made pursuant to Penal Code section 1172.75.1 Lawrence argues the trial court was required to dismiss two prior serious felony enhancements pursuant to section 1385, subdivision (c)(2)(B) and (C). In the course of our review of the record, it was discovered that the trial court

1 Undesignated statutory references are to the Penal Code.

1

failed to recalculate Lawrence’s custody credits. We will remand the matter for the trial court to recalculate Lawrence’s custody credits and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND We rely on the probation report in summarizing the facts, as did the trial court. On January 29, 1999, Lawrence argued with his ex-wife (the victim) and threatened to kill her. It was not the first time he had threatened her. The day after the argument, a fire broke out in the victim’s apartment. A fire investigator determined that lighter fluid had been poured throughout the apartment and three independent fires had been set. The victim, who was not at home at the time of the incident, told investigating police officers that Lawrence had set the fires. In 2001, a jury found Lawrence guilty of arson of an inhabited structure (§ 451, subd. (b)) and residential first degree burglary (§ 459). In bifurcated proceedings, the trial court also found true that Lawrence had two prior serious felonies (§ 667, subd. (a)), two prior strikes (§§ 667, subds. (b)-(i), 1170.12), and three prior prison terms (former § 667.5, subd. (b)). The trial court sentenced Lawrence to prison for 38 years to life, as follows: 25 years to life for the arson count, 25 years to life concurrent for the burglary count, five years consecutive for each of the two prior serious felony enhancements (or 10 years total), and one year consecutive for each of the three prior prison term enhancements (or three years total). In Lawrence’s original appeal, this court found that there was insufficient evidence to support one of the prior strikes, remanded the matter for resentencing or retrial on that prior conviction, and otherwise affirmed. (People v. Lawrence (Oct. 29, 2002, C038251) [nonpub. opn.].) During retrial on remand, the trial court in 2003 again found the prior strike true and sentenced Lawrence to prison for 38 years to life. (People v. Lawrence (May 5, 2004, C044738) [nonpub. opn.].) This court directed the trial court to prepare an