P. v. Sims CA3
A jury convicted defendant Ricky Sims of attempted murder and criminal threats, and found true several enhancements. The trial court sentenced defendant to a determinate term of 46 years in prison, with 10 of those years being from two serious felony conviction enhancements, and an indeterminate term of 14 years to life. In the second of two prior appeals, this court remanded for the trial court to consider its discretion to dismiss the prior serious felony conviction enhancement allegations and to amend and correct the abstract of judgment. On remand, the trial court declined to dismiss those enhancements, but did not amend and correct the abstract.
In this third appeal, defendant now contends (1) the trial court abused its discretion by failing to consider his age in declining to dismiss those enhancements, and (2) the abstract of judgment should be amended. The People agree the abstract should be amended.
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