People v. Cyrus CA4/2

BACKGROUND

In 2018, Cyrus was arrested following a search of an Ontario, California

residence. Police officers found Cyrus asleep in a bedroom and a handgun with a 31-

round magazine and 24 rounds of ammunition in the bedroom closet along with his

clothing and other belongings.

In 2020, a jury found Cyrus guilty of being a felon in possession of a firearm and

found true that the offense was committed for the benefit of, at the direction of, or in

association with a criminal street gang. (§§ 29800, subd. (a)(1), 186.22, subd. (b).) In a

bifurcated proceeding, the court found true that Cyrus had a prior serious felony

conviction of robbery under section 211. (§§ 667, subd. (a)(1), 1170.12, subds. (a)-(d).)

The court sentenced him to 13 years in state prison, consisting of the upper term of three

years for the felon in possession conviction doubled to six years for the strike, the low

term of two years for the gang enhancement, and five years for the prior serious felony.

2 Cyrus appealed, and we reversed the gang enhancement and remanded for resentencing.

(People v. Cyrus (Mar. 3, 2023, E075271) [nonpub. opn.].)

On remand, the trial court held a resentencing hearing…