People v. Grimes CA2/4

Filed 3/23/26 P. v. Grimes CA2/4 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336757

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA033697) v.

GERALD RICHARD GRIMES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard H. Kirschner, Judge. Remanded with instructions. Milena N. Blake, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 In 2000, a jury found Gerald Grimes guilty of inflicting corporal injury on a spouse (§ 273.5, subd. (a), count 1), and making terrorist threats (former § 422, count 4). (People v. Grimes (Feb. 28, 2001, B140435) [nonpub. opn.].) The court sentenced Grimes to concurrent terms of 26 years to life on count 1 and 39 years to life on count 4; the sentences included enhancements under sections 667, subdivision (a)(1); 667.5, subdivision (b); and 12022, subdivision (b)(1). (Ibid.) In 2022, Grimes petitioned for resentencing under former section 1171.1, later renumbered as section 1172.75, which invalidated certain sentence enhancements based on prior convictions. Grimes also submitted evidence of his rehabilitation and disciplinary infractions while in prison. The People opposed Grimes’s motion. After several continuances and additional briefing by the parties, the court resentenced Grimes on February 14, 2024. The court dismissed the enhancements and denied Grimes’s Romero2 motion. The court resentenced Grimes to 25 years to life on count 1 as a third strike, and a concurrent term of 25 years to life on count 4. Grimes timely appealed.