P. v. Sisounthone CA3
Defendant Vanna Sisounthone robbed three convenience stores while wearing a clown mask. A jury convicted him of multiple counts of robbery and other crimes and the trial court sentenced him to more than 58 years in state prison. We conclude that, as to the last contention, the trial court failed to obtain defendant’s waiver of a jury trial as to the new prior conviction allegation, and that the true finding and associated one-year term on the second alleged prior conviction must be stricken. The other contentions asserted in appellant’s opening brief are without merit.
After this court filed its original opinion in this matter, defendant petitioned for review in the California Supreme Court. The California Supreme Court granted review and transferred the matter back to us with directions to vacate our decision and reconsider the cause in light of new legislation granting trial courts discretion to strike firearm enhancements. We will remand the matter to permit the trial cour
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