People v. Randall CA2/3

Filed 9/15/22 P. v. Randall CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B317549

Plaintiff and Respondent, Los Angeles County Super. Ct. No. LA080403 v.

MICHAEL KEVIN RANDALL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Reversed and remanded with instructions.

Olivia Meme, 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 Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Michael Kevin Randall appeals from the trial court’s order “elect[ing] to take no action on the recommendation” of the Secretary of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1))1 to recall Randall’s sentence and resentence him in light of the amendments to sections 667, subdivision (a)(1) and 1385, effective January 1, 2019. The Attorney General agrees with Randall that we should remand the matter for reconsideration in light of newly-enacted section 1170.03.2 Accordingly, we reverse the order declining to take action on the CDCR’s recommendation and remand the case to the trial court for further proceedings. BACKGROUND In 2015, the People charged Randall with four counts of first degree residential burglary, with an allegation that a person was present during the crimes. The People alleged the victim was 81 years old, and Randall had two prior strikes, in 1989 and 1996, also for burglary. Those two convictions qualified as five-year serious felony priors under section 667, subdivision (a)(1), as well. According to the probation officer’s report, the victim noticed food and money missing from his home. He installed a surveillance camera in his garage. (The victim frequently left the garage open when he was at home.) The surveillance footage