McDowell
People v. McDowell
Opinion
Opinion
FACTS
I. McDowell’s Convictions and Initial Sentence
In 2019, a jury convicted McDowell of human trafficking of a minor (§ 236.1(c)), rape (Pen. Code, § 261, subd. (a)(2)), and other offenses. The jury also found true various sentencing allegations, including that McDowell used force, fear, or other similar means to commit the human trafficking offense (§ 236.1(c)(2)), and was
1 As discussed below, human trafficking of a minor is generally punishable by 5, 8, or 12 years in prison. (§ 236.1(c)(1).) 2 Given our conclusion, we need not decide whether and under what circumstances Senate Bill 81 compels the dismissal of enhancements.
2 armed with a firearm in the commission of some of the offenses (Pen. Code, § 12022, subd. (a)(1)). As relevant here, the trial court initially sentenced McDowell to a total of 25 years to life in prison. This sentence included an indeterminate term of 15 years to life under the alternative penalty provision of section 236.1(c)(2), and a one-year firearm enhancement under Penal Code section 12022, subdivision (a)(1). 3 On appeal, we remanded for resentencing because of an error not pertinent here.