People v. Perry CA3

BACKGROUND

Defendant and his friend Steven John Carpenter entered the home of Carpenter’s grandmother on September 9, 2013. Defendant was armed with a handgun. Carpenter’s twin sisters and two teenage boys were inside the home. Defendant held the gun to the heads of the two teenage boys and grabbed the gold chains from around their necks. Defendant and Carpenter then fled. The victims and Carpenter’s sisters told the police that Carpenter and another man had taken the boys’ gold chains at gunpoint. Defendant was arrested two days later while leaving the apartment of Brittany Gaines, the mother of his infant son. The police searched her apartment and found a loaded handgun, ammunition, and cartridge magazines. The officers also found indicia that defendant had been living with Gaines. A jury found defendant guilty of numerous felonies, including first degree robbery. (§ 212.5, subd. (a).) Thereafter, defendant pleaded guilty to the bifurcated count of active participation in a criminal street gang. (§ 186.22, subd. (a).) In exchange for defendant’s plea, the People moved to dismiss several gang enhancement allegations. The parties stipulated that the factual basis for the plea was…