People v. Moultrie CA5

INTRODUCTION

A jury convicted appellant Trevon Hasheem Moultrie of robbery (Pen. Code, § 211),1 inflicting corporal injury on a spouse or cohabitant with a prior conviction (§ 273.5, subd. (f)(1)) (corporal injury), criminal threats (§ 422, subd. (a)), and other related offenses and enhancements. The court sentenced appellant to 17 years eight months in state prison. In supplemental briefing, appellant contends the matter should be remanded for resentencing in light of newly enacted legislation, including Assembly Bill No. 124 (2021-2022 Reg. Sess.). Respondent concedes remand is appropriate. We accept respondent’s concession and remand the matter for resentencing. Appellant also contends that his sentences for corporal injury and criminal threats should have been stayed pursuant to section 654, and that the imposition of certain court fees violated his rights to equal protection and due process. Because appellant must be fully resentenced, we need not address the merits of these claims.

PROCEDURAL BACKGROUND

The Merced County District Attorney’s Office filed an information charging appellant with robbery (§ 211; count 1), inflicting corporal injury on a spouse or cohabitant…