People v. Riley CA2/8

Filed 9/11/25 P. v. Riley CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B340040

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA304492-01) v.

STEVEN LAMAR RILEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Larry P. Fidler, Judge. Reversed and remanded.

Barhoma Law and Matthew Barhoma for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Lauren Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Steven Lamar Riley appeals the denial of his request for resentencing under Penal Code1 section 1172.75. In denying Riley’s request, the trial court stated, “This was a serious case which was settled by a plea bargain. The court sees no reason to upset the negotiated plea.” We reverse and remand the matter to the trial court with instructions to consider Riley’s contentions. FACTUAL AND PROCEDURAL BACKGROUND The underlying facts are not relevant to the issues we address on appeal and are stated for context. On June 13, 2006, Riley argued with victim Artie Brown at the scene of a narcotics transaction. They had a physical altercation and Riley ended up shooting Brown several times. He died at the scene. Brown’s wallet, cell phone, keys and $100 in currency were taken from him. On November 14, 2006, the People charged Riley by Information with a single count of murder in violation of section 187, subdivision (a). The Information also alleged that Riley had prior strike convictions for robbery in violation of section 211 and assault in violation of section 245, subdivision (a)(2). On March 5, 2007, Riley agreed to plead no contest to voluntary manslaughter, a violation of section 192, subdivision (a). He also admitted he inflicted great bodily injury, a violation of section 12022.7, subdivision (a); used a handgun during the crime in violation of section 12022.5; suffered a prior strike conviction for assault with a firearm in violation of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b)