P. v. Malbrough CA1/3
In 2018, a jury convicted Harold Malbrough of robbery, assault, and hit-and-run. He was sentenced to an aggregate 24-year prison term, which included multiple sentence enhancements. Malbrough’s convictions were affirmed on appeal in 2020, but his case was remanded for re-sentencing. (People v. Malbrough (Aug. 12, 2020, A155835) [non.pub. opn.] (Malbrough I).) In February 2021, Malbrough was resentenced to an aggregate term of 23 years in prison.
In the present appeal, Malbrough contends the trial court erred by imposing an upper term sentence for robbery and consecutive sentences for robbery and hit-and-run. We reject these contentions, but will remand this case pursuant to the parties’ stipulation that Malbrough is entitled to re-sentencing under recently enacted ameliorative amendments to Penal Code section 1170.
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