P. v. Brown
Defendant Jermaine Brown appeals from a judgment of conviction entered after a jury found him guilty of attempted murder (Pen. Code, 664/187 count 1), robbery ( 211 count 2), and assault with a firearm ( 245, subd. (a)(2) count 4). As to counts 1 and 2, the jury also found true the allegations that defendant personally discharged a firearm causing great bodily injury ( 12022.53, subds. (b), (c), and (d)) and caused great bodily injury ( 12022.7). As to count 4, the jury found true the allegations that defendant personally used a firearm ( 12022.5) and caused great bodily injury ( 12022.7). In a bifurcated proceeding, the trial court found that defendant had suffered a prior strike conviction ( 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). The trial court sentenced defendant to 59 years to life in state prison. On appeal, defendant contends: (1) trial counsel rendered ineffective assistance; (2) the trial court erred when it considered a juvenile adjudication as a prior felony conviction under the Three Strikes law; (3) the imposition of the upper term and consecutive sentences violated his rights to jury trial and due process; and (4) the trial court erred by imposing consecutive sentences in counts 1 and 2. In our original opinion, Court held that the trial court erred in imposing the upper term. (People v. Brown (Jan. 10, 2005, H025981, H026927) [nonpub. opn.].) After the California Supreme Court transferred the case to this court for consideration in light of People v. Black (2005) 35 Cal.4th 1238 (Black), we affirmed the judgment. Following the United States Supreme Courts remand to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. __ [127 S.Ct. 856] (Cunningham), Court reverse and remand for resentencing.
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