P. v. Cyprian CA2/4
Nathaniel Cyprian appeals from a judgment and sentence following his convictions for two counts of second-degree burglary and one count of possession of a firearm by a felon. Appellant contends the prosecutor committed Batson/Wheeler error. He further contends the trial court erred in imposing and staying sentence enhancements based on two prior prison terms, as no evidence was submitted to prove the prior convictions. Finally, appellant contends that the matter should be remanded for the trial court to exercise its discretion under Senate Bill No. 620 (2017-2018 Reg. Sess.) (SB 620) whether to strike two firearm enhancements imposed. Respondent concedes the sentence was unauthorized, and requests this court remand the matter for a new trial on the prior conviction allegations and for resentencing. For the reasons set forth below, we conclude that the sentence was unauthorized and that remand is the appropriate remedy. Accordingly, we affirm .
Comments on P. v. Cyprian CA2/4