P. v. Crook CA2/8
A jury convicted Michael Crook of first degree murder and found true firearm and gang enhancements. In a previous appeal, we vacated the sentence and remanded for a retrial of prior conviction allegations because the record did not establish there was a voluntary and intelligent admission of the prior conviction. On remand, Crook admitted the prior conviction allegations and the trial court again imposed a sentence. In the instant appeal, Crook argues the trial court erred in imposing a consecutive determinate term pursuant to Penal Code section 186.22, subdivision (b)(1)(C), since Crook was also sentenced to a 25-years-to-life term for first degree murder. The People concede this was error. We agree and modify the sentence.
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