People v. West CA3

BACKGROUND

The facts underlying defendant’s convictions are not relevant to the issues he raises on appeal. Briefly summarized, over the course of three weeks in 2015, defendant attacked, robbed, and sexually assaulted four women in Sacramento while wearing distinctive red clothing. During three of the assaults, defendant used a firearm and left

Undesignated statutory references are to the Penal Code.

2 behind DNA evidence that matched his DNA profile. The evidence at trial overwhelmingly established defendant’s guilt of the crimes. After the jury convicted him of all charges and all enhancements were found true,2 the trial court sentenced him to an aggregate term of 115 years plus 331 years to life in prison. As relevant here, defendant’s sentence included 70 years for the attached firearm enhancements plus 45 years for the prior serious felony enhancements.3 Although we affirmed his convictions on appeal, we remanded the matter for the trial court to decide whether to exercise newly granted discretion under Senate Bill No. 620 (2017-2018 Reg. Sess.) and Senate Bill No. 1393 (2017-2018 Reg. Sess.) to strike one or more of the firearm enhancements and the prior serious…