People v. Kelling CA1/3

Filed 6/18/24 P. v. Kelling CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A164556

v. CHRISTIAN KELLING, (Alameda County Super. Ct. No. 18CR019574) Defendant and Appellant.

Defendant Christian Kelling appeals a judgment entered upon a jury verdict finding him guilty of second degree murder and shooting at an occupied motor vehicle. He contends the trial court erred in instructing the jury and in sentencing him. We reject defendant’s claims of instructional error, but we agree that the trial court committed sentencing error that requires remand for resentencing. Defendant also contends the trial court violated the California Racial Justice Act of 2020 (RJA). (See Pen. Code, § 745, added by Stats. 2020,…