P. v. Jenkins CA3
A jury convicted defendant Irvin Dashawn Jenkins of robbery and carjacking stemming from an incident at an oil change shop. Defendant appeals, arguing the trial court erred in excluding expert testimony on the percentage of “false” identifications in cases where the defendant was exonerated by DNA evidence, instructional error, improper exclusion of defendant’s statement to sheriff’s deputies, prosecutorial misconduct, and ineffective assistance of counsel. Defendant also argues this matter must be remanded to permit the trial court to consider whether it should exercise discretion to strike or dismiss the prior serious felony conviction enhancement imposed under Penal Code section 667, subdivision (a), a discretion afforded by Senate Bill No. 1393 (2017-2018 Reg. Sess.), enacted after defendant’s sentencing. He further contends that, due to changes enacted by Senate Bill No. 136 (2019-2020 Reg. Sess.), the court should strike the one-year enhancement imposed pursuant to Pena
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