People v. Coleman CA2/6

Filed 3/17/25 P. v. Coleman CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B326894 (Super. Ct. No. 1288180) Plaintiff and Respondent, (Santa Barbara County)

v.

RODERICK COLEMAN,

Defendant and Appellant.

Roderick Coleman appeals from an order resentencing him pursuant to Penal Code section 1172.1.1 He raises two issues. First, he argues prosecutors failed to meet the stricter evidentiary standard required to prove special gang allegations under section 186.22, subdivision (b), as amended by Assembly Bill 333 (AB 333). (Stats. 2021, ch. 699, § 4, eff. Jan. 1, 2022.) Second, he contends the trial court erred by imposing the upper term of six years on his robbery conviction.

1 All…