People v. Glass CA2/6

Filed 1/3/23 P. v. Glass CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B314909 (Super. Ct. No. MA074807) Plaintiff and Respondent, (Los Angeles County)

v.

CORNELL CAREY GLASS,

Defendant and Appellant.

Cornell Carey Glass appeals a judgment following conviction and resentencing of home invasion robbery (two counts), assault with a firearm, battery with serious bodily injury, assault with a deadly weapon (two counts), assault with a semiautomatic firearm on a peace officer, illegal firearm possession, evading a peace officer, willful driving in the opposite direction, and failing to perform legal duty following a vehicle accident, with criminal street gang, use of a firearm by a

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principal, and out-on-bail findings. (Pen. Code, §§ 211, 1 213, subd. (a)(1)(A), 245, subd. (a)(2), 243, subd. (d), 245, subds. (c) & (d), 29800, subd. (a)(1), 186.22, subd. (b), 12022, subd. (a)(1), 12022.1; Veh. Code, §§ 2800.2, 2800.4, 20002.) We vacate the criminal street gang related enhancement findings and remand for further proceedings, but otherwise affirm. FACTUAL AND PROCEDURAL HISTORY In July 2018, Glass aided and abetted three crime partners during the home invasion robbery of the W. family in Palmdale. Glass acted as the getaway driver and surveillance videos captured him driving his crime partners and a suitcase containing cash and jewelry away. A witness followed Glass’s vehicle and obtained the license plate number. Approximately one month later, Glass was stopped for traffic violations. He backed into a patrol car, accelerated toward a deputy, pointed a stolen handgun at a deputy, and led deputies on a chase. Glass and his crime partners were members of the Rolling 60’s criminal street gang. They seized several hundred thousand dollars in cash, jewelry, guns, ammunition, and silver bars from the W. family. They also struck and kicked Mr. W. during the robbery. Following a court trial, the trial court sentenced Glass in part to consecutive life terms for two counts of home invasion robbery with firearm enhancements (stayed) and 15-year minimum parole eligibility periods. (§ 186.22, subd. (b)(4).) Glass appealed and raised a sentencing issue concerning the section 12022.53, subdivision (e) firearm enhancements, among other claims. We struck the firearm enhancements for the home