People v. Kinsey CA4/3

Filed 3/19/26 P. v. Kinsey CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063871

v. (Super. Ct. No. 94WF2460)

JONATHAN RUSSELL KINSEY, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed. Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Arlene A. Sevidal and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Jonathan Russell Kinsey pleaded guilty to one count 1 of second degree murder (Pen. Code, § 187, subd. (a); count 1), one count of attempted premeditated murder (§§ 664, 187, subd. (a); count 2), and one count of assault with a firearm (§ 245, subd. (a)(2); count 3). On all counts, defendant admitted he personally used a firearm. (§ 12022.5, subd. (a)) and further admitted an allegation that he committed the offenses “because of the victim’s race, color, nationality or ancestry” (§ 422.75, subd. (b)). On counts 2 and 3, defendant admitted he personally inflicted great bodily injury (§ 2 12022.7). The court sentenced defendant to state prison as follows: (1) 15 years to life on count 1; (2) a concurrent term of life with the possibility of parole on count 2; and (3) a concurrent three-year term on count 3. The court also imposed consecutive terms of four years for the firearm enhancements on all counts (§ 12022.5, subd.(a)) and stayed the remaining enhancements pursuant to section 654. In August 2022, defendant filed a petition for resentencing under section 1172.6. The court denied the petition as to count 2, but it found the petition set forth a prima facie case for relief as to count 1 and issued an order to show cause. After hearing the evidence and argument, the court denied the petition, and defendant appealed. On appeal, defendant contends the court erred at the evidentiary hearing by admitting evidence of a probation report, risk assessment, and parole hearing transcript. We disagree with defendant’s contentions. The