People v. Foldgers CA2/8

Filed 10/31/25 P. v. Foldgers CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B339258

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. XNOMA072186-02) v.

DELVON FOLDGERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Reversed with directions.

Keilana Truong, 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, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

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Delvon Foldgers appeals an order partially denying his request for resentencing pursuant to Penal Code1 section 1172.75. We reverse the order because Foldgers was entitled to have the court consider his eligibility for relief under Assembly Bill No. 333. FACTUAL AND PROCEDURAL BACKGROUND On October 16, 2018, Foldgers pleaded no contest to assault with a semiautomatic firearm in violation of section 245, subdivision (b) and two counts of second degree robbery in violation of section 211. He also admitted that the assault and one of the robberies were committed for gang purposes within the meaning of section 186.22, subdivisions (b)(1)(B), (C) and that he personally used a firearm in violation of sections 12022.53, subdivision (b) and 12022.5, subdivision (a). He admitted a prior “strike” conviction within the meaning of sections 1170.12, 667, subdivisions (b)–(j) and a prior prison term within the meaning of section 667.5, subdivision (b). On October 17, 2018, the trial court sentenced Foldgers to an aggregate term of 40 years in prison. The sentence included 10-year and 20-month gang enhancements and a one-year prior prison term enhancement. In 2022, the California Department of Corrections and Rehabilitation identified Foldgers as an individual who had been sentenced to a now-invalid one-year prior prison term enhancement. On April 12, 2024, Foldgers filed a motion for recall and modification of sentence. On June 18, 2024, the People filed opposition to the motion. On June 21, 2024, the trial court