People v. Curry CA3

BACKGROUND

Defendant and a friend robbed a drug dealer at gunpoint. During the robbery, defendant shot the dealer three times, killing him. In 2015, a jury found defendant guilty of first degree murder (Pen. Code, § 187, subd. (a))1 and second degree robbery (§ 211). The jury also found true the robbery-murder special-circumstance allegation (§ 190.2, subd. (a)(17)(A)) and the allegation that defendant personally and intentionally discharged a firearm that proximately caused the death of a person (§ 12022.53, subd. (d)). The trial court sentenced him to life without the possibility of parole for murder, plus a consecutive term of 25 years to life for the firearm enhancement and a stayed sentence for the robbery offense. The court imposed certain fines and fees, including a $340 booking fee and a $62 classification fee pursuant to former Government Code section 29550.2. The court granted defendant 1,124 days of custody credits. In 2020, this court affirmed defendant’s convictions but remanded the matter for the trial court to consider striking or dismissing the firearm enhancement pursuant to Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682) and to correct the…