People v. Lockler CA2/8
CourtCalifornia Court of Appeal
Date FiledOctober 21, 2026
DocketB346987
StatusUnpublished
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Full Opinion
Filed 10/21/26 P. v. Lockler CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT
THE PEOPLE, B346987
Plaintiff and Respondent, Los Angeles County
Super. Ct. No. NA067385
v.
JAMES EARL LOCKLER,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Debra A. Cole, Judge. Reversed and remanded.
Edward H. Schulman, under appointment by the Court of
Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Chief
Assistant Attorney General, Susan Sullivan Pithey, Assistant
Attorney General, Kennth C. Byrne and Shezad H. Thakor,
Deputy Attorneys General, for Plaintiff and Respondent.
____________________
James Earl Lockler again appears before us after a
resentencing. He correctly argues further resentencing is
warranted. Statutory citations are to the Penal Code.
The issue before us is Lockler’s prior strike convictions
under the Three Strikes law. (See §§ 667, subds. (b)-(i), 1170.12.)
Locker’s five strikes arose from an incident in 1999 at a bank in
Santa Barbara County, where he held five people hostage. (See
People v. Lockler (July 7, 2009, B202381, B206138) [nonpub. opn.]
(Lockler).)
Lockler is imprisoned for crimes he committed in 2005. In
September of that year, over a period of four hours, Lockler held
four women hostage at a check cashing store under the pretense
of having a bomb in his backpack. He forced some of the women
to undress and repeatedly threatened to blow them up and kill
them in other ways. In our 2009 opinion, we ordered revisions to
Lockler’s sentence and credits but affirmed his convictions for
criminal threats, false imprisonment, and falsely reporting a
bomb. (See Lockler, supra, B202381, B206138.)
In 2025, the superior court reconsidered Lockler’s sentence
after the passage of section 1172.75 and the invalidation of most
prior prison term enhancements. Lockler also moved to dismiss
his prior strikes. The court struck a 1-year prior prison term but
kept the balance of Lockler’s sentence intact. His sentence thus
became: four concurrent third-strike terms of 25 years to life,
plus one consecutive term of 25 years to life, plus 5 years under
section 667, subdivision (a)(1), for a total of 50 years to life plus
five years.
Lockler claims our Supreme Court’s decision in People v.
Shaw (2025) 18 Cal.5th 1089 (Shaw) requires the superior court
to resentence him as a second-strike offender.
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Lockler is correct. The prosecution concedes the issue.
Shaw held a defendant who commits a single criminal act
that harms multiple victims earns one strike for purposes of
Three Strikes sentencing, not multiple. (Shaw, supra, 18 Cal.5th
at pp. 1093, 1099, 1102–1103.)
Our earlier decision in this case confirms Lockler
committed a single criminal act in 1999 against multiple victims.
The 1999 incident “involved his entering a bank and holding five
people hostage, over an extended time period, by pretending that
he had a bomb in his backpack.” (Lockler, supra, B202381,
B206138.) The parties and the superior court acknowledge all of
Lockler’s strikes arise from this incident—or as the prosecution
phrases it, from “the single act of threatening five hostages with
a supposed bomb.”
The parties further agree that we may take judicial notice
of the record and files from Lockler’s past appeals, and we grant
Lockler’s request.
Under Shaw, all but one of Lockler’s strikes should be
dismissed, and the court should resentence him as a second-
strike offender. (See Shaw, supra, 18 Cal.5th at p. 1103 [“the
rule . . . that a trial court is required to dismiss a strike when two
of a defendant’s prior strikes are the result of the same act,
applies in cases in which the defendant’s single act harmed
multiple victims”].)
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DISPOSITION
We vacate Lockler’s sentence and remand for resentencing
consistent with this opinion. We express no further opinion as to
how or in what respect the court should resentence Lockler.
WILEY, J.
We concur:
STRATTON, P. J.
VIRAMONTES, J.
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