People v. Carter CA2/1

Filed 6/1/22 P. v. Carter CA2/1 Opinion following rehearing NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B311329

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA419941) v.

ERIC TYRONE CARTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Remanded with directions. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven E. Mercer and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent.

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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 Bill No. 567 applies retroactively to Carter and requires a remand for resentencing, as do we.1 FACTS AND PROCEEDINGS BELOW Carter and his codefendant Rasheen Childs committed six armed robberies of convenience stores and gas stations in one week between December 27, 2013 and January 2, 2014. Carter was 22 years old at the time of the offenses. A jury, in addition