People v. Kincherlow CA2/7

Filed 9/7/21 P. v. Kincherlow CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310653

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA141321-03) v.

KOBE KINCHERLOW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Pat Connolly, Judge. Affirmed. Larenda R. Delaini, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Kobe Kincherlow appeals from the judgment entered after he was resentenced in accordance with this court’s instructions in Kincherlow’s direct appeal. (People v. Smith (Sept. 9, 2020, B290425) [nonpub. opn.].) No arguable issues have been identified following review of the record by Kincherlow’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Following a jury trial Kincherlow and his confederate Justin Glen Smith were convicted of various gang-related crimes arising from their participation in a scheme to extort money from a recycling center in South Los Angeles. We affirmed the convictions and remanded the matters as to both Kincherlow and Smith for resentencing due to several sentencing errors, as well as to permit the trial court to apply new ameliorative sentencing legislation. Specifically with respect to Kincherlow, the trial court had originally sentenced him as a third strike offender to 25 years to life for robbery, plus 10 years for a criminal street gang enhancement and one year for a firearm enhancement, plus a consecutive term of 14 years to life as a second strike offender for conspiracy to commit extortion to benefit a criminal street gang, plus five years for a prior serious felony conviction (aggregating 55 years to life). The court imposed concurrent sentences of 22 years for assault with an assault weapon with enhancements, 24 years for assault with a semiautomatic weapon with enhancements, three years for possession of a firearm by a felon and life plus one year for extortion with enhancements. The court also imposed $240 in court operation assessments, $180 in court construction fees and a restitution fine of $5,000.