People v. Lewis CA5

INTRODUCTION

After a 2014 trial, a jury convicted Philander Lewis of two counts of home invasion robbery in concert, one count of burglary, and two counts of assault, along with accompanying sentencing enhancements. The jury acquitted him of one count of attempted murder. Lewis also admitted seven prior prison terms. He was sentenced to 20 years in prison. On appeal, Lewis argues that his sentence should be reduced from 20 years to 16 years, four months because (1) there was insufficient evidence to convict him of first degree robbery of an inhabited dwelling in concert with two or more persons, and (2) the trial court imposed an unauthorized sentence in its imposition of an arming enhancement. We find only his second contention meritorious and in turn hold that he is entitled to have his sentence reduced to 19 years, four months.

STATEMENT OF THE CASE

On April 20, 2012, an information filed in Stanislaus County charged Lewis and codefendant Robert Belfield with: count I - the attempted murder of Douglas Oliver (Pen. Code,1 §§ 664, 187, subd. (a)); counts II and III – first degree robbery of an inhabited dwelling in concert with two or more persons (of Oliver and Carmela Grays)…