People v. Lee CA2/8

Filed 2/13/26 P. v. Lee CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B340610

Plaintiff and Respondent, Los Angeles County Super. Ct. No. YA090448 v.

SHERMAN LEE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Altus W. Hudson, Judge. Affirmed and remanded with instructions. Jonathan Demson and Michael Reed, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Sherman Lee appeals the trial court’s denial of his section 1172.6 petition for resentencing. In light of People v. Patton (2025) 17 Cal.5th 549 (Patton), we remand and instruct the trial court to consider an amended petition if Lee files one within 30 days of the remand. Statutory citations are to the Penal Code. Ronnie Hayes testified at the preliminary hearing that he was with Hoover Darnell Carter at the building where both Lee and Carter lived the morning of the shooting. Hayes testified Carter told him Lee had been threatening Carter. Hayes and Carter were walking together when Lee approached. Lee said, “Let’s do this shit.” Hayes left because he did not want to be part of what he assumed would be a fistfight. Hayes went to the building’s kitchen. A man named Melvin later entered the kitchen saying Carter had been shot. Police arrived to find Carter lying face up on the street with multiple gunshot wounds. Carter died in the hospital. Lee’s former girlfriend testified he called her after the shooting. When she asked him why he had done it, he told her, “Well, if you were there too, you wouldn’t be talking to me right now.” Lee also called the manager of the building and told her “he was as angry – still angry as he was the day that it happened, that he did not have any regrets.” Lee told the manager “he shot [Carter] in the knee first or his leg,” and when Carter said he was crazy, Lee said, “You don’t know how crazy I am,” and proceeded to shoot him. Fifty-four days after the shooting, on his 54th birthday, Lee turned himself in to the police. In an interview, Lee said Carter had stolen his girlfriend and was taunting him. Lee said on the