People v. Bunn CA3

BACKGROUND

In 2010, a jury found defendant guilty of five counts of residential robbery in concert (§ 213, subd. (a)(1)(A)) and two counts of attempted residential robbery (§§ 211, 664). The jury further found true that defendant: (1) personally used a firearm in committing each offense (§ 12022.53, subd. (b)); (2) knew the victim as to one of the robberies was 65 years of age or older (§ 667.9, subd. (a)); and (3) voluntarily acted in concert with others as to one of the robberies (§ 213). The trial court sentenced defendant to 37 years in prison. On direct appeal, we concluded there was insufficient evidence to support the firearm enhancement as to two of the robberies. (People v. Bunn (Sept. 24, 2012, C067731) [nonpub. opn.].) On remand, the trial court resentenced defendant to 37 years. Then, at a subsequent resentencing in 2018, the trial court declined to exercise its discretion to strike the remaining firearm enhancements and, again, sentenced defendant to 37 years. (See People v. Bunn (May 12, 2021, C091654) [nonpub. opn.].) We affirmed the judgment. (Ibid.) In 2023, defendant petitioned for resentencing pursuant to section 1172.6. The trial court denied the petition…