P. v. Carter CA2/1
In 2016, the trial court sentenced defendant and appellant Eric Tyrone Carter to 39 years 8 months in prison for convictions arising from his participation in a spree of armed robberies. We affirmed the convictions but, in light of the Legislature’s enactment of Senate Bill No. 620 (2017−2018 Reg. Sess.) (Senate Bill No. 620), which gave trial courts the discretion to strike firearm enhancements when imposing sentence, we remanded the case to allow the trial court to consider striking those enhancements from Carter’s sentence. The trial court declined to strike any enhancements. Carter now contends that we must remand the case once again in light of the recently enacted Senate Bill No. 567 (2021−2022 Reg. Sess.) (Senate Bill No. 567), which requires the court to apply a presumption in favor of selecting the lower term when imposing a determinate sentence on defendants who were younger than 26 years old when they committed their offense. The Attorney General agrees that Senate B
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