People v. Atwell CA5

INTRODUCTION

A jury convicted Michael Vincent Atwell (defendant) of second degree robbery and possession of a firearm by a felon, and the court found true that defendant’s 2014 conviction for active participation in a criminal street gang (Pen. Code,1 former § 186.22, subd. (a)) was a prior serious felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On appeal, defendant argued that he is entitled to a remand to permit the trial court to reconsider his request to strike his prior serious felony conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 in light of subsequent amendments to section 186.22. We affirmed the judgment. Our prior opinion was vacated by our Supreme Court with directions to reconsider whether People v. Fletcher (2025) 18 Cal.5th 576 (Fletcher) requires resentencing defendant. In accordance with the direction from the Supreme Court, we vacated our earlier opinion and gave the parties an opportunity to file supplemental briefing. Neither party filed supplemental briefing. We affirm defendant’s convictions but, in light of the Supreme Court’s decision in Fletcher, we vacate the…