People v. Mauldin CA2/8

Filed 10/16/25 P. v. Mauldin CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B333751

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA084797-01) v.

ERIN VINCENT MAULDIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Emily J. Cole, Judge. Reversed and remanded with instructions. Jared G. Coleman, by appointment of 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, Noah P. Hill and Deepti Vaadyala, Deputy Attorneys General, for Plaintiff and Respondent.

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On appeal defendant Erin Vincent Mauldin contends the jury did not find true both prior strike allegations alleged against him and for which he was sentenced. He argues the verdict form shows the jury found true only one prior strike. We agree and reverse and remand the matter with instructions to find the second strike allegation untrue and to hold a new sentencing hearing. PROCEDURAL BACKGROUND By Information filed March 22, 2023, the People charged appellant Erin Vincent Mauldin with the attempted premeditated murder of Dominique Beverly in violation of Penal Code sections 664 and 187, subdivision (a)1 while personally inflicting great bodily injury and using a firearm within the meaning of sections 12022.7, subdivision (a) and 12022.5, subdivision (a); assault with a semiautomatic firearm on Earl McConnell in violation of section 245, subdivision (b); kidnapping Ariyah W., a victim under 14 years old, in violation of section 207, subdivision (a) while personally using a semiautomatic firearm with the meaning of sections 12022.5, subdivisions (a), (d); and assault with a semiautomatic firearm on Ariyah W. in violation of section 245, subdivision (b). The Information also alleged Mauldin suffered two prior strike convictions within the meaning of the Three Strikes Law (§ 667, subds. (d)), which also constituted prior serious felony convictions within the meaning of section 667, subdivision (a)(1). Finally, the Information alleged aggravating circumstances within the meaning of California Rules of Court, rules 4.421(a), (b).