People v. Youell CA2/2

Filed 8/27/25 P. v. Youell CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B339218 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. TA109185) v.

EARL ANTHONY YOUELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hector Gutierrez, Judge. Vacated and Remanded. Keilana Truong, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General of California, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield,

Supervising Deputy Attorney General, Christopher G. Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

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In 2010, Earl Youell (appellant) pleaded no contest to attempted murder and admitted a prior strike conviction, a gang enhancement under Penal Code section 186.22, and a prior prison term enhancement.1 The trial court sentenced appellant to 25 years in prison. In 2024, the trial court recalled the sentence, struck the one-year prior prison term enhancement under section 1172.75, and resentenced appellant to 24 years in prison. The trial court declined to strike the gang enhancement, finding that Assembly Bill No. 333 (2021–2022 Reg. Sess.) (AB 333), which modified section 186.22, did not apply retroactively. The Attorney General concedes that this was error, and we agree. Accordingly, the sentence is vacated, and the case is remanded for a new resentencing hearing. The judgment is affirmed in all other respects.

FACTS AND PROCEDURAL BACKGROUND In 2010, appellant pleaded no contest to attempted murder (§§ 187, subd. (a), 664). Appellant also admitted a prior strike conviction (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), a gang enhancement (§ 186.22, subd. (b)(1)(C)), and a prior prison term enhancement (former § 667.5, subd. (b).) He was sentenced to 25 years in prison.