People v. Gant CA4/2

I. FACTS

Gant’s charges arise from two alleged armed robberies that occurred a week apart

in March 2017, at locations within a block of each other. In both cases, the victim was

1 Undesignated statutory references are to the Penal Code.

2 accosted by a man with a handgun after using an automated teller machine outside a

bank. When police apprehended Gant shortly after the second robbery, he had a loaded

magazine of ammunition for a handgun in his pocket, and a matching handgun was

located nearby. The parties stipulated at trial that Gant had previously been convicted of

a felony.

A jury found Gant guilty of two counts of first degree robbery (§§ 211, 212.5,

subd. (b), counts 1 and 4), unlawful possession of a firearm (§ 29800, subd. (a)(1), counts

2 and 5), and unlawful possession of ammunition (§ 30305, subd. (a), count 3), and found

true allegations that Gant had personally used a firearm in committing the robberies (§§

12022.53, subd. (b) & 1192.7, subd. (c)(8)). The trial court found true recidivism-based

enhancements for three prior strike convictions (§§ 667, subds. (c) & (e)(2)(A), 1170.12,

subd. (c)(2)(a)), two serious felony priors (§ 667, subd. (a)(1)),…