P. v. Little CA1/5
In 2013, a jury convicted appellant Darvelle B. Little of assault with a semiautomatic firearm and second degree robbery (Pen. Code, §§ 245, subd. (b), 211) and found true various sentencing enhancement allegations, including that during the robbery, Little personally and intentionally discharged a firearm causing great bodily injury (firearm enhancement) (§ 12022.53, subd. (d)). In 2013, the trial court sentenced Little to 30 years to life in state prison, consisting of the upper term of five years for the robbery, and 25 years to life for the firearm enhancement. Little appealed, claiming the court erred by declining to hold a hearing on his second People v. Marsden (1970) 2 Cal.3d 118 (Marsden) motion. We agreed and remanded the matter to the trial court to conduct a Marsden hearing. (People v. Little (Jan. 12, 2016, A140502) [nonpub. opn.].)
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