People v. Slaughter CA1/5

BACKGROUND

The People prosecuted Slaughter in connection with an armed robbery involving seven victims at their home. He was 18 years old at the time of the offense. As part of his plea agreement, Slaughter agreed to be sentenced to 14 years in state

Undesignated statutory references are to the Penal Code. 1 prison in exchange for the dismissal of multiple other charges against him. The trial court accepted his plea and admission.

Consistent with the negotiated disposition, the court sentenced Slaughter to 14 years, consisting of the midterm of four years for robbery and 10 years for the enhancement. (See § 213, subd. (a)(1)(B) [providing for a prison term of three, four, or six years for first degree robbery]; § 12022.53, subd. (b) [providing for a consecutive term of imprisonment of 10 years for personal use of a firearm].)

DISCUSSION

We conclude that Slaughter must be allowed an opportunity to seek the benefit of the amendments to section 1170.

As an initial matter, Slaughter correctly asserts that his plea agreement does not preclude him from raising this issue on appeal. (See People v. Stamps (2020) 9 Cal.5th 685, 698 (Stamps) [defendant appealing after plea may…