People v. Bryant CA4/2

── People v. Bryant CA4/2 ── Court: California Court of Appeal Date: June 05, 2026 Category: General Filed 6/5/26 P. v. Bryant CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E085436 v. (Super.Ct.No. SWF014648) KEVIN DARNELL BRYANT, OPINION Defendant and Appellant. APPEAL from the Superior Court of Riverside County. John M. Monterosso, Judge. Reversed and remanded with directions. Justin Behravesh, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Collette C. Cavalier and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent. 1  I. INTRODUCTION At a hearing pursuant to Penal Code1 section 1172.75, the trial court found that it had no authority to modify defendant and appellant Kevin Darnell Bryant’s three strike 25-years-to-life sentence pursuant to the Three Strikes Reform Act of 2012 (the Reform Act). On appeal, defendant contends remand is required for the trial court to consider his motion to strike his prior strike convictions in light of the California Supreme Court’s recent opinion in People v. Superior Court (Guevara) (2025) 18 Cal.5th 838 (Guevara). The People agree that defendant is entitled to full resentencing, applying revised penalty provisions of the Reform Act. We agree and reverse the postjudgment order and remand for full resentencing. II. PROCEDURAL BACKGROUND On March 11, 2009, a jury convicted defendant of second degree burglary (§ 459) and petty theft with a prior (§ 666). In a bifurcated proceeding, the trial court found true that defendant had previously suffered seven prior prison terms (§ 667, subd. (b)) and three serious or violent felony strike convictions (§§ 667 subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)). 1 All future statutory references are to the Penal Code unless otherwise stated. 2  On April 17, 2009, the trial court sentenced defendant to 32 years to life in state prison: 25 years to life for the second degree burglary, a stayed 25 years to life for the petty theft with a prior, and consecutive one-year terms for the seven prior prison terms. On December 11, 2023, in light of section 1172.75, subdivision (a), the trial court recalled defendant’s sentence, struck his seven prison priors, and resentenced defendant to an indeterminate term of 25 years to life. The court ordered the clerk of the court to prepare an amended abstract of judgment and set the matter for a further resentencing hearing. The amended abstract of judgment was filed on December 18, 2023. On September 18, 2024, defendant filed a request that the court reconsider his third strike sentence and dismiss one of his strike priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) in the interest of justice. The People opposed the request, asserting that defendant was not entitled to full resentencing hearing.