People v. Livingston CA4/3

Filed 11/4/25 P. v. Livingston CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065217

v. (Super. Ct. No. 19WF0761)

CHRISTOPHER JASON OPINION LIVINGSTON,

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Scott A. Steiner, Judge. Reversed and remanded. Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General,

Stephanie H. Chow, Seth M. Friedman and Joseph C. Anagnos, Deputy Attorneys General, for Plaintiff and Respondent. * * * Defendant Christopher Jason Livingston appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.61 on the ground Livingston had failed to make a prima facie case for relief. Based on recent California Supreme Court authority, Livingston must be given an opportunity to file an amended petition with additional facts. We remand the matter to allow him to do so. Additionally, at the original sentencing hearing, the trial court stayed or struck the sentence on several of the counts to which Livingston pled guilty, but failed to impose a sentence that could be stayed or struck. We therefore remand the matter to the court for the additional purpose of imposing sentence. FACTUAL AND PROCEDURAL BACKGROUND Following a preliminary hearing, Livingston was charged with one count of attempted murder (§§ 664, 187, subd. (a), count 1), two counts of attempted robbery (§§ 664, 211, counts 2 & 3), and one count each of being a felon in possession of a firearm and of ammunition (§§ 29800, subd. (a)(1), count 4; 30305, subd. (a)(1), count 5). The information alleged firearm enhancements with respect to counts 1, 2, and 3 (§ 12022.53, subds. (c) & (d)), and that count 1 was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)). The information also alleged prior felony convictions with respect to counts 4 and 5.