People v. Jefferson CA2/2

Filed 9/14/22 P. v. Jefferson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B315872

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA153155) v.

LAMAR JEFFERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hector E. Gutierrez, Judge. Affirmed in part; vacated in part and remanded. Nicholas Seymour, 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, Scott A. Taryle and Kristen J. Inberg, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Lamar Jefferson (defendant) appeals from the judgment entered after he was convicted of one count of second degree robbery and one count of misdemeanor theft. He contends that the sentence imposed must be vacated and the matter remanded for resentencing in compliance with Penal Code section 1170, subdivision (b),1 as amended effective January 1, 2022. The People agree, as do we. Accordingly we affirm the judgment of conviction but vacate the sentence and remand for resentencing.

BACKGROUND Though defendant was originally charged with nine felonies and two misdemeanors, following a preliminary hearing, three counts were dismissed. Defendant was held to answer on three counts of robbery in violation of section 211 (counts 1, 5, and 10), three counts of grand theft in violation of section 487, subdivision (a) (counts 4, 7, and 8), and two misdemeanor counts of petty theft in violation of section 484, subdivision (a) (counts 9 and 11). The information also alleged that defendant had suffered a prior serious felony conviction (robbery), which rendered him subject to sentencing under sections 1170.12, subdivision (b), and 667, subdivisions (b)-(j). Prior to trial, the court granted defendant’s motion to dismiss counts 4, 5, 8, 9, 10, and 11 after the prosecution announced it was unable to proceed. The matter proceeded to jury trial on counts 1 and 7. The jury found defendant guilty of second degree robbery, as alleged in count 1, and of misdemeanor petty theft, a lesser