P. v. Tamplin
Appellant Dwight Tamplin, Jr., was convicted after jury trial of being a felon in possession of a handgun and a street gang enhancement was found true. (Pen. Code, 12021, subd. (a)(1), 186.22, subd. (b)(1).)[1] In a subsequent bifurcated proceeding, four prior strikes were found true. ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Appellant was sentenced to an aggregate term of 45 years to life imprisonment.
Appellant argues that the trial court abused its discretion by refusing to bifurcate trial of the street gang enhancement and contends that the evidence is insufficient to support this enhancement. Neither of these arguments is persuasive. Appellant also challenges the legality of his sentence. The People concede that the sentence imposed by the court is unauthorized. We have concluded that remand for exercise of judicial discretion and resentencing is necessary. Accordingly, Court affirm the judgment of conviction, vacate the sentence and remand for resentencing.
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