P. v. Cater CA1/3
Defendant Clarence Deshawn Cater appeals from a trial court order at a resentencing hearing declining to dismiss or strike firearm enhancements pursuant to the recent changes to Penal Code section 12022.53.
Defendant was convicted of murder (§ 187), second degree robbery (§§ 211, 212.5), and shooting at an occupied vehicle (§ 246). The jury found true certain gang and firearm enhancements (§§ 186.22, subd. (b)(1), 12022.53, subds. (c)–(d)), as well as felony-murder and gang-related special circumstances (§ 190.2, subd. (a)(17) & (22)). The court sentenced defendant to prison for life without the possibility of parole, plus 50 years, which included enhancements imposed pursuant to section 12022.53, subdivisions (c) and (d).
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