P. v. Armitage
This is an appeal after a limited remand for resentencing was ordered following the first appeal. In January 2003, Brandon Armitage was charged in case number SCD172181 with of one count of residential burglary (Pen. Code,[1] 459, 460; count 1), two counts of possession of a firearm by a felon ( 12021, subd. (a)(1); counts 2 & 4), one count of discharging a firearm in grossly negligent manner ( 246.3; count 3), one
count of unlawfully owning or possessing ammunition for firearm ( 12316, subd. (b)(1); count 5), and one count of aggravated trespass of occupied dwelling place ( 602.5, subd. (b); count 6). In September 2003, Armitage was charged in case number SCD177470 with one count of residential burglary ( 459, 460; count 1), and one count of failure to appear on own recognizance ( 1320.5; count 2). The trial court consolidated the two cases against Armitage for trial, and a jury subsequently convicted Armitage of both residential burglary charges, possession of a firearm by a felon, illegal possession of ammunition and firearm, and failure to appear while on bail. In a bifurcated proceeding, the court found Armitage had suffered two prior strikes ( 667, subds. (b)-(i), 1170.12); two prior serious felony convictions under section 667, subdivision (a)(1), and a prison prior conviction under section 667.5, subdivision (b). The court sentenced Armitage to an indeterminate prison term of 25 years to life on each count to run concurrently. On appeal, this court reversed the residential burglary conviction from January 2003 for insufficient evidence, affirmed the remaining convictions, and remanded the case to the trial court for resentencing in compliance with the three strikes law.
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