People v. Hall CA2/1

Filed 6/28/24 P. v. Hall CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B324967

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA104968) v.

ELIJAH KAREEM SHABAZZ HALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith Levey Meyer and Laura L. Laesecke, Judges. Affirmed as modified. Robert L.S. Angres, 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 Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1

A. Procedural Background A jury convicted defendant Elijah Kareem Shabazz Hall of one count of first degree murder (count 3); two counts of attempted second degree robbery (counts 1 and 2); and three counts of second degree robbery (counts 4, 5, and 6). The jury found true gang enhancement allegations relating to all six offenses, and it also found true certain firearm enhancement allegations pertaining to the first degree murder and second degree robbery counts. The trial court sentenced Hall to an aggregate indeterminate prison term of 75 years to life, along with an aggregate 23-year determinate prison term. Hall’s indeterminate and determinate prison terms included the gang and firearm enhancements, several of which were stayed. In an unpublished decision, we: vacated the gang enhancement findings for counts 1, 2, 3, 4, 5, and 6; vacated the firearm enhancement findings on counts 4, 5, and 6; modified the judgment to reflect that Hall was entitled to 1,501 days of presentence custody credit; affirmed the remainder of the judgment as modified; and remanded the matter to the trial court to afford the People an opportunity to retry the gang enhancements on counts 1, 2, 3, 4, 5, and 6 and the firearm enhancements on counts 4, 5, and 6. We instructed the trial court to resentence Hall if the People elected not to retry these enhancements.