People v. Baidi CA2/4

Filed 3/17/26 P. v. Baidi CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B342174

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA065515) v.

SAEED BAIDI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher W. Dybwad, Judge. Vacated and remanded with directions. Dan E. Chambers, 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, Idan Ivri, Supervising Deputy Attorney General, and Nima Razfar, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Saeed Baidi contends this case must be remanded because the trial court did not comply with Penal Code section 1172.751 when it struck his prior prison term enhancements. The Attorney General agrees, as do we. We vacate Baidi’s sentence and remand for a full resentencing hearing consistent with section 1172.75, at which Baidi has a right to be present, represented by appointed counsel, and present evidence and argument in support of any request for further sentencing relief.

PROCEDURAL HISTORY2 In 2008, a jury convicted Baidi of two counts of premeditated attempted murder (§§ 664/187, subd. (a), counts 1 and 2), shooting at an occupied motor vehicle (§ 246, count 3), street terrorism (§ 186.22, subd. (a), count 4), and possession of a firearm by a felon (§ 12021, subd. (a)(1), count 5). As to counts 1, 2, and 5, the jury found true that the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). As to counts 1, 2, and 3, the jury further found firearm allegations to be true (§ 12022.53, subds. (b), (c)). Baidi admitted he suffered two prior prison term enhancements (§ 667.5, subd. (b)). The court sentenced Baidi to a total of two life terms plus 44 years in state prison. As to count 1, the court imposed a life term plus 20 years for the firearm enhancement (§ 12022.53, subd. (c)), plus an additional 2 years for the prior prison term enhancements. The court stayed the remaining firearm enhancements (§ 12022.53, subds. (b), (g)). The court imposed the same