Marks

A man returning home from work one evening saw that his back door had been kicked open and that “everything [had been] kind of torn up in the house.” He walked across the street, where his neighbor told him someone had been at his house earlier, and returned to his yard, where Jared Justin Marks pointed a rifle at him and told him to lie on the ground and hand over his keys and wallet. Moments after tossing his wallet and his wife’s car keys to Marks, he heard a “commotion out front” that might have been a car driving away. Police recovered his wife’s car that evening, arrested Marks the next day, and located his wife’s keys at the scene of the arrest.

PROCEDURAL BACKGROUND

A jury found Marks guilty of first degree robbery (§§211, 212.5, subd. (a)), carjacking (§ 215, subd. (a)), first degree burglary (§§ 459, 460, subd. (a)), and assault with a firearm (§ 245, subd. (a)(1)) and found true the allegations of personal use of a firearm during the robbery and the carjacking (§ 12022.53, subds. (a)(4), (a)(5), (b)) and the assault with a firearm (§ 12022.5, subd. (a)). At a bifurcated trial, the court found true the allegations of one serious felony prior (§ 667, subd.…