McDavid

Filed 4/21/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078919

Plaintiff and Respondent,

v. (Super. Ct. No. SCN363925)

WELDON K. McDAVID, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Sim Von Kalinowski, Judge. Affirmed in part, reversed in part, and remanded with directions. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, A. Natasha Cortina, Acting Assistant Attorney General and Kelley Johnson, Deputy Attorney General, for Plaintiff and Respondent.

1 Defendant Weldon K. McDavid, Jr. appeals a judgment from his resentencing hearing after we remanded this matter following his original appeal in People v. Lovejoy et al. (July 28, 2020, D073477), a nonpublished

opinion (Lovejoy).1 In Lovejoy, we affirmed McDavid’s criminal convictions, but vacated his sentence and remanded the matter to allow the trial court to

exercise its discretion under recently amended Penal Code…