P. v. Osby CA2/5
The jury found defendant and appellant David Osby guilty of robbery (Pen. Code, § 211 [count 1]) and resisting an officer (§ 69 [count 2]). The jury found true the allegations that Osby used a deadly weapon, a knife, in the commission of count 1 (§ 12022, subd. (b)(1)), and that he suffered three prior serious felony convictions within the meaning of the three strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and section 667, subdivision (a). The trial court sentenced Osby to a total of 25 years to life in prison, plus a determinate term of 17 years.
On appeal, we reversed the convictions (the panel majority held the trial court abused its discretion by retaining a juror whose incompetence to serve appeared as a demonstrable reality in the record, and the concurring justice opined reversal was necessary because of error in the trial court’s ruling permitting Osby to represent himself). (People v. Osby (Apr. 22, 2021, B299496) [nonpub. opn.].)
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