People v. Yancey CA5

Filed 6/3/24 P. v. Yancey CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087389 Plaintiff and Respondent, (Super. Ct. No. F21906770) v.

TAEVION KAMARIMARQUIS YANCEY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Charles J. Lee, Judge. Maureen M. Bodo, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Snauffer, J. and De Santos, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment of conviction following a guilty plea. It is authorized by Penal Code section 1237.5.1 STATEMENT OF THE CASE On August 24, 2021, the district attorney filed a complaint charging Yancey with attempted premeditated murder (§ 664/187, subd. (a); count 1), attempted kidnapping for carjacking (§ 664/209.5, subd. (a); count 2), carjacking (§ 215, subd. (a); count 3), carrying a loaded firearm in public (§ 25850, subd. (a); count 4), and carrying a concealed firearm (§ 25400, subd. (a)(2); count 5). An enhancement for personal use of a firearm (§ 12022.53, subd. (b))2 was alleged as to counts 1, 2, and 3. Criminal street gang enhancements were alleged as to all five counts (§ 186.22, subds. (b)(1) [counts 1, 2, 4 & 5] & (b)(4)(B) [count 3]). An active gang participant enhancement was alleged as to counts 4 and 5 (§§ 25850, subd. (c)(3), 25400, subd. (c)(3)). It was also alleged as an enhancement to count 4 that Yancey was not the registered owner of the firearm (§ 25850, subd. (c)(6)). At the arraignment on December 16, 2021, Yancey pleaded not guilty to all counts and denied all enhancements. The preliminary hearing was rescheduled multiple times at the request of Yancey’s counsel as plea negotiations were ongoing. Finally, on September 21, 2023, a change of plea hearing was held. After being advised of and waiving his constitutional rights, Yancey pleaded no contest to attempted murder without premeditation (count 1)3

1 All statutory references are to the Penal Code unless otherwise stated.