People v. Mims CA6

Filed 4/8/22 P. v. Mims CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H045591 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1365457)

v.

LAMONT MIMS et al.,

Defendants and Appellants.

Defendants Lamont Mims, Anthony Mims, Darrell Samuels, Jr., and Randell Taylor appeal after a jury convicted them of various offenses related to the armed burglary of an occupied home. Anthony Mims contends the trial court erred by denying his multiple requests to replace appointed counsel. He and the other defendants also challenge several aspects of their sentences. We find no error affecting defendants’ convictions, but they are entitled to the benefit of newly enacted legislation giving the trial court discretion to strike certain sentencing enhancements. We will reverse the judgment and remand for that limited purpose.1 I. BACKGROUND Defendants entered a house in San Jose through a bedroom window a little after 11:00 on a September morning. They were armed with two guns. A neighbor saw them and called 911. A woman was in the bedroom defendants used as an entry point; one of

1 Defendant Darrell Samuels, Jr. also petitioned for a writ of habeas corpus (case No. H049156). We previously ordered the petition considered with this appeal; we resolve it by separate order filed this day.

them pointed a gun at her and pulled her into another room, demanding money. Two young children and their grandmother were also in the house. Going room to room, defendants gathered a laptop, cell phone, and other items. Part of the house was being used to grow marijuana. Defendants tried to take the marijuana plants by ripping them out of the pots. A sheriff’s deputy patrolling nearby was dispatched to the burglary in progress. He arrived seconds later to find defendant Randell Taylor coming out the front door with his arms full of electronics. Taylor retreated into the house and fled out the back with the other defendants. All were apprehended soon after, except for Anthony Mims. He was arrested after his name was found on the rental agreement for a pick-up truck parked outside the burglarized house. Defendants were charged with first degree robbery in an inhabited place acting in concert (Pen. Code, §§ 211, 213, subd. (a)(l)(A)); attempted first degree robbery in an inhabited place acting in concert (Pen. Code, §§ 664, 211, 213, subd. (a)(l)(A)); first degree burglary (Pen. Code, §§ 459, 460, subd. (a)); first degree robbery in an inhabited place (Pen. Code, §§ 211, 212.5, subd. (a)); attempted robbery in an inhabited place (Pen. Code, §§ 664, 211, 212.5); kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1)); and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)). The information also alleged firearm and gang enhancements. (Pen. Code, §§ 12022.53, subds. (b), (e)(1), 186.22, subds. (b)(1)(C), (b)(4). As to Anthony Mims, the information alleged a prior strike conviction, a prior serious felony, and four prior prison terms. (Pen. Code, §§ 667, subds. (a)(1), (b)-(i) & 1170.12; 667.5, subd. (b).) As to Darrell Samuels, it alleged a prior prison term. (Pen. Code, § 667.5, subd. (b).) Defendants were tried together by jury. The two women who were home during the break in testified and identified defendants as the perpetrators. A police officer testifying as an expert on criminal street gangs opined that defendants were members of a San Francisco-based gang called Double Rock and that they committed the crimes to 2