People v. Carabay CA5

INTRODUCTION

In 2002, a jury convicted defendant Jesse Carabay, Jr., of two counts of robbery (Pen. Code, § 211; counts 1 & 2) and found true allegations defendant used a deadly or dangerous weapon during the commission of the offenses (§ 12022, subd. (b)(1)). (Undesignated statutory references are to the Penal Code.) The court found true allegations defendant suffered two prior strike convictions, two prior serious felony convictions (§ 667, subd. (a)) and that he had suffered two prison priors (§ 667.5, former subd. (b)). Defendant also pled guilty to being under the influence of a controlled substance (Health & Saf. Code, § 11550; count 3). The court sentenced defendant to 25 years to life on count 1, plus 10 years for the two prior serious felony enhancements, one year for the weapon enhancement, and two years for the prison prior enhancements and a concurrent term of 25 years to life on count 2, plus one year for the related section 12022, subdivision (b)(1) enhancement. The remaining enhancements to count 2 were stayed and defendant was sentenced to time served on count 3. After defendant was identified as an individual eligible for resentencing pursuant to Senate Bill No.…