People v. Love CA2/3

Filed 6/28/16 P. v. Love CA2/3 Opinion following rehearing NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B261488

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA124894) v.

KEVIN LOVE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Pat Connolly, Judge. Reversed and remanded for resentencing only; otherwise affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent. __________________________________

A jury found defendant and appellant Kevin Love guilty of, among other things, attempted murder and found true gang and personal gun use allegations. Love’s sole contention on appeal is his sentence was unauthorized. We agree and therefore reverse and remand for resentencing only. BACKGROUND In August 2012, 99 Mafia Crip members Damonte Lockridge and Love were at a liquor store, where they encountered Jashan and Keith Bradley. After Love and Lockridge made gang references, Lockridge shot at Jashan and Keith, injuring Jashan. Love was charged with crimes arising out the shooting.1 On May 2, 2013, a jury found Love guilty of two counts of premeditated, willful and deliberate attempted murder of Jashan (count 1) and Keith (count 2). (Pen. Code, §§ 187, subd. (a), 664).2 As to the attempted murder of Jashan, the jury found true gun allegations under section 12022.53, subdivisions (b), (c) and (d), but only under subdivisions (b) and (c) as to the attempted murder of Keith, who was uninjured. The jury found Love guilty of count 3, assault with a firearm, and of count 4, shooting at an occupied motor vehicle. As to count 4, the jury found true gun enhancement allegations (§ 12022.53, subds. (b), (c) & (d)). The jury found true gang allegations as to all counts (§ 186.22, subd. (b)(1)(C)). As to Lockridge, the jury also found true personal gun use allegations under section 12022.53, subdivisions (b), (c) and (d), as to counts 1 and 4. Love was sentenced on May 21, 2013 as follows: on count 1, life with a 15-year minimum term before parole eligibility, plus 25 years to life (§ 12022.53, subd. (d)); on count 2, a concurrent life term plus 20 years to life (§ 12022.53, subd. (c)); count 3, a concurrent three years plus four years (§ 12022.5); and count 4, 15 years to life, plus 25 years to life (§ 12022.53, subd. (d)), stayed under section 654.