People v. Slaughter CA1/5

Filed 2/17/22 P. v. Slaughter CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent,

v. A162517

KEITH BRAZEL SLAUGHTER, (Contra Costa County Defendant and Appellant. Super. Ct. No. 5-191966-1)

Keith Brazel Slaughter pled no contest to first degree residential robbery (Pen. Code, §§ 211, 212.5, subd. (a)) with a firearm enhancement (Pen. Code, § 12022.53, subd. (b)).1 On appeal, the parties agree that subsequent amendments to section 1170 render Slaughter eligible for a reduced sentence. We agree and therefore remand the case to give him a chance to seek the benefit of the new law in the trial court.

BACKGROUND The People prosecuted Slaughter in connection with an armed robbery involving seven victims at their home. He was 18 years old at the time of the offense. As part of his plea agreement, Slaughter agreed to be sentenced to 14 years in state

1 Undesignated statutory references are to the Penal Code. 1

prison in exchange for the dismissal of multiple other charges against him. The trial court accepted his plea and admission.

Consistent with the negotiated disposition, the court sentenced Slaughter to 14 years, consisting of the midterm of four years for robbery and 10 years for the enhancement. (See § 213, subd. (a)(1)(B) [providing for a prison term of three, four, or six years for first degree robbery]; § 12022.53, subd. (b) [providing for a consecutive term of imprisonment of 10 years for personal use of a firearm].)

DISCUSSION