P. v. Luckett CA4/1
After a mistrial, a second jury convicted Keith Russell Luckett of two counts each of robbery. (Pen. Code, § 211.) The jury could not agree on the remaining counts of kidnapping for robbery (§ 209, subd. (b)(1)), resulting in a mistrial on those counts. A third trial resulted in convictions on those counts. The court denied his request for probation and sentencing under section 1170.9 as a United States military veteran suffering from posttraumatic stress disorder (PTSD).
Luckett contends that the judgment should be reversed and the matter remanded for resentencing. Luckett asserts that the trial court erred in finding he was ineligible for probation because he suffered from PTSD resulting from military service which necessarily showed an unusual circumstance and entitled him to probation under California Rules of Court, rule 4.413(c)(2)(B).
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