People v. Young CA2/2

Filed 8/26/25 P. v. Young CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B338064

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. NA103854)

MOSES JEROME YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Reversed and remanded with directions.

John F. Schuck, 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, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

______________________________

Defendant and appellant Moses Jerome Young appeals from the trial court’s order denying his motion for resentencing under Penal Code section 1170.91.1 Because the court did not follow the required procedures for adjudicating the motion, we reverse and remand for further proceedings. BACKGROUND I. Facts2 Appellant entered a fast food restaurant, jumped over the counter, pointed a gun at the cashier, and took money. In a “separate incident[,]” appellant “had narcotics and a 357 revolver.” II. Conviction and Sentencing On June 29, 2017, appellant pled no contest to second degree robbery (§ 212.5, subd. (c)) and admitted that he personally used a firearm (§ 12022.53, subd. (b)). In a separate case, he pled no contest to possession of a controlled substance while armed. (Health & Saf. Code, § 11370.1, subd. (a).) The trial court sentenced appellant to an aggregate prison term of 14 years for both cases. III. Section 1170.91 Motion for Resentencing On March 11, 2024, appellant filed a petition for writ of habeas corpus requesting to be resentenced pursuant to section 1170.91, which allows individuals convicted of some