P. v. Darling CA3
After a jury found defendant Dylan Paul Darling guilty of second degree robbery (Pen. Code, § 211), and found “true” a prior serious felony allegation, the trial court imposed a state prison sentence of 11 years. On appeal, defendant contends (1) there was insufficient evidence for his robbery conviction; (2) the trial court prejudicially erred when it misread a jury instruction to the jury; and (3) the trial court erred by providing a jury instruction for which there was insufficient evidence. We affirm the convictions.
We filed an unpublished opinion affirming the criminal judgment on January 25, 2022. Defendant filed a petition for rehearing arguing Assembly Bill No. 124 (2021-2022 Reg. Sess.; hereafter Assembly Bill 124), signed by the Governor on October 8, 2021, must be applied retroactively to defendant’s case under In re Estrada (1965) 63 Cal.2d 740 (Estrada). We granted rehearing, vacated our initial opinion, and ordered supplemental briefing from the parties.
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