P. v. Sutton CA5
Jaubrae Dixon, Ladarieus Jones, and Laderrick Sutton were jointly prosecuted on charges arising from a shooting incident. Each was convicted of active participation in a criminal street gang and unlawful firearm possession. Dixon and Sutton were also found guilty of committing assault with a firearm. Jones was sentenced to a total of five years in prison. Dixon and Sutton received aggregate prison terms of 19 years and 18 years, respectively.
The claims on appeal allege instructional error and insufficiency of the evidence. Dixon, who was 17 years old at the time of the offenses, makes an additional claim of sentencing error and also argues for retroactive application of the Public Safety and Rehabilitation Act of 2016 (Proposition 57). We affirm the judgments against Jones and Sutton in full. As to Dixon, we modify the judgment to strike an erroneously imposed enhancement and, as so modified, affirm.
Comments on P. v. Sutton CA5