People v. Rosner CA5

INTRODUCTION

In January 2018, numerous crimes, including burglary, robbery, carjacking, kidnapping, sexual assault, and witness dissuasion, were allegedly committed on different days by multiple individuals who were members of or had connections to the Fresneck Gangsters, a white criminal street gang in Fresno. In October 2019, the prosecutor filed a 39-count information against defendant and codefendants Timothy Vassar, Joie Carrell, Jr., Ryan Aivazian, and Benjamin Horton. Defendant was charged in Counts 29 and 34, respectively, with home invasion robbery and carjacking committed on or around January 22, 2018, with attached gang and weapon enhancements. (§§ 211/213, subd. (a)(1)(A) [count 29], 215, subd. (a) [count 34], 186.22, subd. (b)(4)(B), 12022, subd. (a)(1).) In addition, as to defendant, the information alleged one prior serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), one prior serious felony conviction enhancement (§ 667, subd. (a)(1)), and five prior prison term enhancements (§ 667.5, subd. (b)). In December 2019, defendant reached a plea agreement with the prosecutor that included a…