People v. Carpenter CA3

BACKGROUND

Defendant and his friend Charles Perry entered defendant’s grandmother’s home on September 9, 2013. Two minors were inside the home. Perry, armed with defendant’s gun, approached one of the minors, put the gun to the minor’s head, and grabbed a gold chain from the minor’s neck. The second minor, who was upstairs, started walking down the stairs. Defendant told Perry to get that minor’s gold chain as well. Perry put the gun to the second minor’s head and grabbed the chain from his neck. Defendant and Perry fled. The jury found defendant guilty of first degree robbery (§ 212.5, subd. (a)), first degree burglary with a person present (§ 459), possession of a firearm by a convicted felon (§ 29800, subd. (a)(1)), and dissuading a witness (§ 136.1, subd. (a)(1)). Thereafter, defendant pleaded guilty to the bifurcated count of active participation in a criminal street gang. (§ 186.22, subd. (a).) The parties stipulated the factual basis for the plea was found in the transcript from the preliminary hearing, at which the People’s gang expert testified defendant was a member of the Flyboys, a criminal street gang. He further opined that the home invasion robbery committed by…