P. v. Minnich CA5
In 2018, a jury convicted appellant Marshall Scott Minnich of two counts of second degree burglary (Pen. Code, § 459; counts I & IV) and one count of robbery (§ 211; count II). In count II (robbery), the trial court sentenced appellant to prison for three years, which was doubled because of a prior strike conviction. In count IV (burglary), the court imposed a consecutive term of one year four months. A five-year enhancement under section 667, subdivision (a), was imposed for a prior serious felony conviction. The sentence on the other burglary conviction was stayed. Appellant received an aggregate prison term of 12 years four months.
In 2020, this court issued an unpublished opinion in which we rejected appellant’s claim that insufficient evidence supported his robbery conviction. However, we agreed with the parties that resentencing was required following Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Senate Bill 1393).
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