California Court of Appeal

Defendant's conviction for carjacking, attempted robbery, being a felon in possession of a firearm, and other offenses is affirmed in part and reversed in part where: 1) the true findings on the gang enhancements are reversed as they were not supported by substantial evidence; 2) the prior prison terms must be stricken and the People are barred from seeking to try them upon remand; and 3) the record is sufficiently clear to order the award of custody credits as requested by defendant.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Kristen Chenelia and Vincent La Pietra, Deputy Attorneys General, for Plaintiff and Respondent.