People v. Norwood CA5

Filed 4/25/22 P. v. Norwood CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F082448 Plaintiff and Respondent, (Super. Ct. No. BF164789A) v.

RAYON JEREMIAH NORWOOD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge. Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephanie A. Mitchell and Daniel B. Bernstein, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Peña, J.

Rayon Jeremiah Norwood was convicted of nine crimes, with gun and gang enhancements, in connection with a home invasion robbery that entailed torture and shooting of an elderly resident. After an initial appeal, this court reversed one conviction and struck three prior prison term enhancements. It also remanded the case for the trial court to clarify its sentence on count 2—80 years to life for robbery of an inhabited dwelling in concert with others—and to consider its newly granted discretion to strike the previously imposed gun and prior serious felony enhancements. (People v. Norwood (June 11, 2020; F076664) [nonpub. opn.].) On remand, the trial court declined to strike any of the gun or prior conviction enhancements. It then resentenced Norwood on all counts, including a term of 78 years to life in prison on count 2. Norwood contends that the basis for the court’s sentence on count 2 remains unclear and unauthorized, warranting another remand. We accept the People’s concession and remand. STATEMENT OF THE FACTS1 On July 6, 2016, Norwood and Asia Davis, along with two other unidentified males, gained entry into the home of 81-year-old Florence M. When Florence M. could not open the gun safe in the house, she was knocked unconscious, stomped on, and shot in the leg. Florence M. summoned for help the next morning. Her injuries were permanent and rendered her unable to live unassisted, as she had prior to the robbery. Florence M.’s house had been burglarized several times in the past. And in July of 2010, Norwood was found in possession of a firearm that had been stolen from the Florence M. gun safe earlier that month. A day after the July 6, 2016, break-in, officers traced Norwood to the home of Latasha Hunter through a handicap parking placard found near the Florence M. home.