People v. Jenkins CA2/2

Filed 1/26/24 P. v. Jenkins CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328802

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA101113) v.

MICHAEL SCHNARD JENKINS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Henry J. Hall, Judge. Reversed and remanded with directions. Richard B. Lennon, 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, Senior Assistant Attorney General, Steven D. Matthews and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

Michael Jenkins appeals the denial of a request by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence and strike a one- year prior prison enhancement pursuant to Penal Code1 section 1172.75. The People concede that the superior court erred in refusing to recall the sentence and resentence appellant. We accept the People’s concession and remand the matter to the superior court for recall and resentencing in accordance with section 1172.75. PROCEDURAL BACKGROUND In 1995, a jury convicted appellant of assault with intent to commit rape (§ 220), first degree robbery (§ 211), and first degree burglary (§ 459). The jury found a firearm enhancement allegation true as to each offense. (§ 12022, subd. (b).) The jury also found that appellant had two prior serious felony convictions for robbery (§§ 667, subd. (a), 667.5, subd. (b)), as well as prior convictions for assault with a deadly weapon and receiving stolen property (§ 667.5, subd. (b)). The trial court found the two prior robbery convictions were “strikes.” (§§ 667, 1170.12.) After several resentencing hearings, the trial court sentenced appellant to 37 years to life, consisting of 25 years to life (§ 667, subd. (b)– (i)), plus two five-year terms for the prior serious felony conviction enhancements (§ 667, subd. (a)), plus one year for the weapon use (§ 12022, subd. (b)), and one additional year for one of the prior prison terms2 (§ 667.5, subd. (b)).