People v. Devore CA2/2

BACKGROUND

Following a jury trial in 2016, appellant was convicted of 15 counts of robbery (§ 211) and five counts of assault on a peace officer (§ 245, subd. (d)(2)). The jury found true personal firearm use allegations (§§ 12022.53, subd. (b), 12022.5, subds. (a) & (d)) on all of the assault counts, and also found true the personal discharge of a firearm allegation (§ 12022.53, subd. (c)) on three of the assault counts. Appellant was sentenced to state prison for

Undesignated statutory references are to the Penal Code.

2 a term of 111 years 8 months,2 which included 40 years for the firearm enhancements (§ 12022.53, subds. (b) & (c)) and a five- year enhancement for a prior serious felony conviction (§ 667, subd. (a)(1)). This court affirmed the judgment of conviction and sentence in an unpublished opinion. (People v. Jason E. Devore (July 27, 2017, B276539) [nonpub. opn.] (Devore).) On May 3, 2021, appellant filed his petition for resentencing in the trial court pursuant to Senate Bill No. 620’s amendments to sections 12022.5 and 12022.53 and pursuant to the policy changes instituted by the new district attorney in Los Angeles County. On May 6, 2021, the trial court…