People v. Young CA2/4

Filed 11/17/25 P. v. Young CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B337677 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA115524)

v.

JOE SAMMIE YOUNG,

Defendant and Appellant.

APPEAL from a postconviction order of the Superior Court of Los Angeles County, Rogelio G. Delgado, Judge. Affirmed. John Lanahan, 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, Senior Assistant Attorney General, Stephanie C. Brenan, Supervising Deputy Attorney General, and Nancy Lii Ladner, Deputy Attorney General, for Plaintiff and Respondent.

Joe Sammie Young appeals following a Penal Code section 1172.75 resentencing hearing.1 He contends the trial court erred by reimposing his original, upper term sentence without empaneling a jury to render a verdict on aggravating factors. At the outset, we note a split of authority in this area. The California Supreme Court has granted review to settle whether a resentencing court has the power to reimpose an upper term sentence absent a stipulation or a jury verdict supporting aggravating factors. We agree with the reasoning in the line of appellate cases affirming a court’s power to reinstate an upper term without a reasonable doubt verdict on aggravating factors. Accordingly, we affirm here.

BACKGROUND Pursuant to a negotiated agreement, on October 31, 2017, appellant pleaded no contest to residential burglary and attempted residential burglary (§§ 459, 459/664) and admitted suffering a prior serious felony conviction (§ 667, subd. (a)(1)), strike prior (§§ 667, subds. (b)–(j), 1170.12), and two prior prison terms under former section 667.5, subdivision (b) (former § 667.5(b)). The plea included a Cruz waiver permitting appellant’s release on the condition he obey all laws and appear for sentencing. (See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5 (Cruz).) If he met this condition, he would receive a six-year sentence; if he did not, he faced 19 years.2