People v. Boyd CA3

Filed 5/24/24 P. v. Boyd CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE,

Plaintiff and Respondent, C098770

v. (Super. Ct. No. STKCRFE20190001382) ASHIRON BOYD,

Defendant and Appellant.

A jury found defendant Ashiron Boyd guilty of voluntary manslaughter and assault with a deadly weapon. It also found true a great bodily injury enhancement allegation. The trial court sentenced defendant to the upper term for voluntary manslaughter and imposed but stayed sentences for the assault and enhancement. This court affirmed the convictions but remanded for resentencing in light of amendments to Penal Code section 11701 limiting the trial court’s discretion to impose an upper term sentence. (People v. Boyd (Nov. 3, 2022, C093382) [nonpub. opn.] (Boyd).)

1 Undesignated statutory references are to the Penal Code.

1

At the resentencing, the trial court imposed the middle term of six years for voluntary manslaughter, imposed but stayed a middle term of three years for assault with a deadly weapon, and imposed but stayed sentence for the great bodily injury enhancement. Defendant now contends the trial court did not properly weigh the mitigating factors and the low term was the presumptive term. Finding no error or abuse of discretion, we will affirm the judgment. APPLICABLE LAW As amended by chapter 731 of the Statutes of 2021, and as relevant here, section 1170, subdivision (b) provides that when a statute specifies three possible terms, the trial court shall in its discretion order a sentence not to exceed the middle term. But unless the court finds that aggravating circumstances outweigh mitigating circumstances such that imposition of the lower term would be contrary to the interests of justice, the court shall impose the lower term if the person experienced psychological, physical, or childhood trauma, or the person was a youth at the time of the offense. (§§ 1170, subd. (b).) BACKGROUND In January 2019, defendant and Frank Baker were without permanent housing and were preparing to spend the night in front of a building in Stockton when Baker suddenly swung a pipe at defendant. The men struggled for the pipe and fell to the ground. According to defendant, Baker said he wanted to kill him. Fearing for his life, defendant hit and kicked Baker in the head. Baker lay motionless on the ground. Defendant walked away from Baker, but then returned to where Baker lay motionless and hit him six times in the head with the pipe. When police officers arrived, Baker had brain matter extruding from his head. Baker subsequently died.