People v. Jordan CA2/2

Filed 4/5/21 P. v. Jordan CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B305548

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA057956) v.

EDWARD JORDAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Reversed and remanded with directions. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jaime L. Fuster and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and petitioner Edward Jordan (defendant) appeals from the judgment entered after the superior court granted his Proposition 47 petition to reduce his conviction of petty theft with a prior conviction from a felony to a misdemeanor, and for resentencing. Defendant contends that the trial court erred in failing to give him the opportunity to appear with counsel at the resentencing hearing. We agree and reverse the judgment. BACKGROUND In 2005, defendant was convicted after a court trial of three counts of assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a)(1),1 and petty theft with a prior conviction, in violation of section 666. The allegation that defendant inflicted great bodily injury on one of the assault victims, in violation of section 12022.7, subdivision (a) was found true, as were three prior felony strike convictions alleged pursuant to section 667, subdivisions (b) through (i), two prior serious felony convictions alleged pursuant to section 667, subdivision (a), and five prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to consecutive indeterminate prison terms of 25 years to life for each of two assault convictions, 10 years for the two five-year enhancements pursuant to section 667, subdivision (a), and an additional three years for the great bodily injury enhancement. The court imposed consecutive determinate terms of one year, eight months