People v. Holmes CA2/1

Filed 2/24/26 P. v. Holmes CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B340320

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA090560) v.

REGINALD HOLMES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Lonergan, Judge. Affirmed with directions. Christina Vanarelli, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Chief Assistant Attorneys General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

MEMORANDUM OPINION Defendant Reginald Holmes argues, the Attorney General concedes, and we concur that the abstract of judgment in Holmes’s case erroneously includes enhancements that the superior court struck when it resentenced Holmes. Because this appeal raises no substantial issue of law or fact, we dispose of it by memorandum opinion. (Cal. Stds. Jud. Admin., § 8.1). On February 6, 2015, a jury convicted Holmes of two counts of first degree murder with special circumstances and one count of being a felon in possession of a firearm.1 (Pen. Code,2 §§ 187, subd. (a), 190.2, subd. (a)(3) & (15), 12021, subd. (a)(1).) The jury found true gang enhancement allegations (§ 186.22, subd. (b)(1)) as to each count. The jury also found true enhancement allegations that Holmes personally used a firearm (§ 12022.53, subd. (b)) as to both murders and personally and intentionally discharged a firearm (id., subd. (c)) as to the murder charged in count 2.3 In a bifurcated bench trial held after his jury trial, the court found that Holmes had served terms of incarceration for four prior convictions. On March 19, 2015, the court imposed consecutive sentences on the three counts as follows: on the first murder