People v. Tozier CA2/8

Filed 10/16/25 P. v. Tozier CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336582

Plaintiff and Respondent, Los Angeles County Super. Ct. No. GA078621 v.

ERIC LEROY TOZIER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Suzette Clover, Judge. Affirmed. Christopher Love, 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, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Eric Tozier applied for resentencing under section 1172.75. The trial court deleted one type of enhancement from the abstract of judgment because the Legislature has now invalidated that enhancement but found it could not otherwise resentence Tozier because it had originally sentenced Tozier under the One Strike law, which barred any changes of the kind Tozier requested. The trial court was correct. Tozier has forfeited additional arguments for further resentencing. All code citations are to the California Penal Code. I In 2013, a jury convicted Tozier of kidnapping to commit another crime (§ 209, subd. (b)(1); count 1), attempted forcible rape (§§ 664 & 261, subd. (a)(2); count 2), forcible rape (§ 261, subd. (a)(2); count 3), sodomy by use of force (§ 286, subd. (c)(2); count 4), forcible oral copulation (§ 288a, subd. (c)(2); count 5), and two counts of sexual penetration by a foreign object (§ 289, subd. (a)(1); counts 7, 10). As to all these counts, the jury found it to be true Tozier personally used a deadly and dangerous weapon (§§ 12022, 12022.3). The jury also found multiple One Strike circumstances true as to counts 3, 4, 5, 7, and 10. (§ 667.61, subds. (a), (b), (d), (e)). Tozier admitted prior conviction allegations. The trial court sentenced Tozier to a total of nine years plus 50 years to life in state prison, consisting of the One Strike term of 25 years to life on count 3, doubled pursuant to the Three Strikes law, plus four years for a weapon use enhancement under section 12022.3, and five years for a prior serious felony enhancement. The trial court stayed the sentences on other counts and enhancements, including two prior prison term