P. v. DeJohnette CA2/7
Cerron DeJohnette appeals from the judgment after a jury convicted him of second degree robbery. He contends the trial court coerced the jury’s verdict and abused its discretion in sentencing him to state prison instead of probation so he could receive medical and mental health treatment from the Department of Veterans Affairs. In supplemental briefing, DeJohnette also argues the trial court, in sentencing him, failed to comply with Penal Code sections 1170.9 and 1170.91. Finally, DeJohnette asks us to direct the trial court to correct the abstract of judgment to reflect he was convicted by a jury rather than on a plea.
We affirm the conviction but vacate the sentence and remand for the trial court to resentence DeJohnette in compliance with sections 1170.9 and 1170.91. We also direct the trial court to correct the abstract of judgment.
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