People v. Lake CA4/1

I.

BACKGROUND

A jury found Lake guilty of 10 counts of robbery and one count of attempted robbery arising out of incidents at five banks. The trial court found Lake had three prior convictions of bank robbery in a federal court case, which constituted three strikes for purposes of the Three Strikes law and one serious felony conviction for purposes of a five-year enhancement. On June 15, 2018, the court (Hon. Robert F. O’Neill) imposed a prison term of five years plus 25 years to life on each conviction, five of which were to be served consecutively and six concurrently, for an aggregate term of 25 years plus 125 years to life. On appeal, this court rejected Lake’s claims the prosecutor used peremptory challenges to jurors in a racially discriminatory manner and committed misconduct during closing argument. Based on a change in law that occurred while the appeal was pending and that granted courts

2 discretion to strike or to dismiss the five-year enhancements (Stats. 2018, ch. 1013, eff. Jan. 1, 2019), we remanded the matter to allow the trial court to exercise its discretion. (People v. Lake (July 22, 2020, D074304) [nonpub. opn.].) After the case was remanded, the trial…