People v. Lockheart CA2/7

Filed 8/16/16 P. v. Lockheart CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B269415

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA023906) v.

SANDY CLINTON LOCKHEART,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Christopher G. Estes, Judge. Affirmed.

Daniel Milchiker, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

On October 8, 2003 a jury found Sandy Clinton Lockheart guilty of two counts of second degree robbery (Pen. Code,1 § 211 (counts 1 & 2)) and two counts of assault with a semiautomatic firearm (§ 245, subd. (b) (counts 3 & 4)). The jury also found true the allegations that Lockheart had personally used a firearm (§§ 12022.5, subd. (a)(1), 12022.53, subd. (a)(4), 12022.53, subd. (b)) in connection with the crimes (a handgun in the robberies and a semiautomatic handgun in the other crimes). The court found true the allegation that Lockheart had served two prior prison terms for felonies (§ 667.5, subd. (b)). On January 9, 2004 the trial court sentenced Lockheart to an aggregate state prison term of 24 years four months, consisting of the upper term of nine years for assault with a semiautomatic firearm (count 3) plus 10 years for the firearm-use enhancement under section 12022.5, subdivision (a)(1); and a consecutive term of two years (one-third the middle term of six years) for assault with a semiautomatic firearm (count 4), plus 16 months (one-third the middle term of four years) for the firearm-use enhancement under section 12022.5, subdivision (a)(1), plus two one-year terms for the prior prison term enhancements. The court stayed imposition of sentence on the remaining counts and enhancements pursuant to section 654.2 On August 12, 2015 the trial court granted Lockheart’s application to reclassify his prior felony conviction for violating Health and Safety Code section 11377,