People v. Schumm CA4/1

BACKGROUND

Schumm and a codefendant were charged with various crimes related to the theft of a truck at gunpoint. In 2007, a jury convicted Schumm of

2 robbery (Pen. Code, § 211,1 count 1); carjacking (§ 215, subd. (a), count 2); felon in possession of a firearm (former § 12021, subd. (a)(1), see now § 29800, subd. (a)(1), count 3); false imprisonment (§ 236, count 4); witness intimidation (§ 136.1, subd. (b)(1), count 5); and active participation in a criminal street gang (§ 186.22, subd. (a), count 6). The jury also found true criminal street gang enhancements as to counts 1 through 5 (§ 186.22, subd. (b)) and personal firearm use enhancements as to counts 1 and 2 (§§ 12022.53, subd. (b), 1192.7, subd. (c)(8)). Schumm also admitted two prison prior convictions. (§ 667.5, subd. (b).) The trial court sentenced Schumm to 42 years and 4 months to life in prison, consisting of an indeterminate term of 15 years to life on count 2 plus 3 years 4 months for the associated personal-use enhancement, and 4 years on count 1 plus 10 years for the associated personal-use enhancement and 10 years for the associated gang enhancement. (People v. Mercado (Oct. 20, 2009, No. D055138 [nonpub.…