P. v. Hart
Defendant Otis Dandre Hart and fellow gang members robbed a series of gas stations, liquor stores, and convenience stores over the course of three days. A jury convicted defendant of 10 counts of conspiracy to commit robbery, 17 counts of second degree robbery, 10 counts of street terrorism, and 1 count of assault with a deadly weapon. The jury also found true defendant had committed the conspiracy, robbery, and aggravated assault counts for the benefit of a criminal street gang and that a principal used a firearm in 15 of the offenses, and that he personally used a firearm in 2 of the counts. The court sentenced him to 43 years in prison.
Defendant appeals, asserting prosecutorial misconduct, erroneous denial of his motion for new trial based on that misconduct, and cumulative prejudice. He also contends, and the Attorney General agrees as do we, the court made several sentencing errors. Additional relevant facts will be set forth in the discussion of these issues. The case is remanded for resentencing. In all other respects, the judgment is affirmed.
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