People v. Rounsavall CA4/2

I.

INTRODUCTION

Defendant and appellant Kevin Jeffrey Rounsavall appeals from the trial court’s

resentencing order under Penal Code1 section 1172.75. On appeal, defendant contends

the trial court abused its discretion by failing to conduct a full resentencing hearing in

compliance with section 1172.75, and therefore the matter must be remanded for the

court to consider whether it should have dismissed the firearm and prior serious felony

enhancements. Specifically, he contends the court failed to recognize that it had

discretion to dismiss the prior serious felony and firearm enhancements unless it found

doing so would endanger public safety. We conclude defendant forfeited these

arguments and they also lack merit. Accordingly, we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

Over a three-and-a-half-week period in February and March 1997, defendant

committed a string of violent armed robberies, carjackings, and residential and

commercial burglaries. In nearly all the incidents, defendant pointed a gun at the victims,

threatened to kill them, and stole their money, jewelry, firearm, or other belongings. In

one incident, defendant pistol whipped a victim who tried…