People v. Isaacs CA4/1

Filed 1/22/24 P. v. Isaacs CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081791

Plaintiff and Respondent,

v. (Super. Ct. No. 16CR066230)

KAYVON JERMAINE ISAACS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Daniel Detienne, Judge. Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Eric A. Swenson and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Kayvon Jermaine Isaacs of first degree murder (Pen.

Code,1 §§ 187, subd. (a), 189, subd. (a); count 1), carjacking (§ 215, subd. (a); count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), and misdemeanor child endangerment (§ 273a, subd. (b); count 4). The jury found that as to count 1, Isaacs personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)), and with respect to counts 2 and 3, Isaacs personally used a firearm (§§ 12022.53, subd. (b), 12022.5, subd. (a)). After we affirmed the conviction and remanded for resentencing, the trial court denied Isaacs’s motion to dismiss the firearm enhancements attached to counts 2 and 3. It then sentenced Isaacs to a total term of 50 years to life plus 13 years on the felonies and a concurrent six months on the misdemeanor. The felony sentence consists of 25 years to life for the count 1 murder plus 25 years to life for the firearm use; a three-year lower term for the count 2 carjacking plus 10 years for the firearm use; and a two-year lower term for the count 3 assault plus 10 years for the firearm use, stayed under section 654. Isaacs contends the trial court abused its discretion in declining to dismiss the firearm enhancements because it did not apply the correct legal standard, and he asks this court to remand for resentencing. He claims the trial court solely focused on the nature of the offenses themselves in finding a danger to public safety, and it failed to consider how shortening his sentence would put the public at risk. We disagree because the trial court recited the proper standard, and its analysis does not show a departure from that standard. We therefore affirm the judgment.