People v. Cater CA1/3

Filed 6/28/22 P. v. Cater CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A163499

v. CLARENCE DESHAWN CATER, (Contra Costa County Super. Ct. No. 5-131405-3) Defendant and Appellant.

Defendant Clarence Deshawn Cater appeals from a trial court order at a resentencing hearing declining to dismiss or strike firearm enhancements pursuant to the recent changes to Penal Code section 12022.53.1 Defendant was convicted of murder (§ 187), second degree robbery (§§ 211, 212.5), and shooting at an occupied vehicle (§ 246). The jury found true certain gang and firearm enhancements (§§ 186.22, subd. (b)(1), 12022.53, subds. (c)–(d)), as well as felony-murder and gang-related special circumstances (§ 190.2, subd. (a)(17) &…