People v. Harvey CA2/8

Filed 12/31/25 P. v. Harvey CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B342473

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384162-01) v.

HAROLD EMANUEL HARVEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert C. Vanderet, Judge. Affirmed.

Michael H. Casey, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review an order denying Harold Emanuel Harvey’s petition for resentencing under Penal Code1 section 1170.18. We affirm. On November 15, 2012, a jury found Harvey guilty of three counts of second degree robbery in violation of section 211 and one count of grand theft of personal property in violation of section 487, subdivision (a). The jury also found true a firearm enhancement within the meaning of section 12022.53, subdivision (b) as to count 1 and bail enhancements under section 12022.1 as to counts 2, 3, and 4. On November 29, 2012, the trial court sentenced Harvey to an aggregate term of 17 years eight months in state prison. The sentence consisted of the midterm of three years plus 10 years for the firearm enhancement on the count 1 robbery; one-third the midterm (one year) and one-third the enhancement (eight months) for each of robberies in counts 2 and 3; and one-third the midterm (eight months) plus one-third the enhancement (eight months) for grand theft of personal property in count four. We affirmed the judgment of conviction. (People v. Harvey (Apr. 25, 2014, B245606) [nonpub. opn.].) For context only, we recite the facts as set forth in our affirmance of the judgment of conviction. Harvey was convicted of robbing three people of gold chains they were wearing at the time of the robberies (counts 1, 2, 3). Harvey was also convicted of grand theft of personal property, to wit, taking a backpack filled with jewelry and other items which had been placed at a basketball court while the owner was playing basketball (count 4). The items in the backpack were a $1,500 gold