People v. Carter CA2/1

FACTS AND PROCEEDINGS BELOW

Carter and his codefendant Rasheen Childs committed six armed robberies of convenience stores and gas stations in one week between December 27, 2013 and January 2, 2014. Carter was 22 years old at the time of the offenses. A jury, in addition

Carter also contends that we must remand the case to allow the court to consider striking his five-year enhancement under section 667, subdivision (a)(1) in light of Senate Bill No. 1393 (2017−2018 Reg. Sess.) (Senate Bill No. 1393), which gave the trial court the discretion to strike such enhancements. Because we remand the case for a full resentencing hearing in light of Senate Bill No. 567, we need not decide whether Senate Bill No. 1393 provides a separate ground for a resentencing hearing.

3 to convicting Carter of seven counts of second degree robbery (Pen. Code,2 § 211), found true allegations that Carter personally used a firearm in the commission of three of the robberies (§ 12022.53, subd. (b)), as well as allegations that a principal had been armed in the four remaining counts. (§ 12022, subd. (a)(1).) The court found that Carter had a prior strike conviction (§§ 667, subds. (b)−(i), 1170.12), a…