In re Tarkington CA2/1
A jury convicted petitioner Lamont T. Tarkington (Tarkington) and codefendant Darris Allen (Allen) of five counts of second degree robbery (Pen. Code, § 211) and one count of second degree commercial burglary (§ 459). The jury also found that Tarkington and Allen robbed the bank for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and that a principal used a firearm in the commission of that crime (§ 12022.53, subds. (b), (e)(1)). In a bifurcated proceeding, the trial court found that Tarkington had a prior serious felony conviction. The court sentenced Tarkington to 39 years 4 months in state prison.
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