P. v. McCarvey
Appellant James Earl McCarvey challenges his conviction for attempted robbery. He argues the trial court committed judicial misconduct, and violated his due process rights in doing so. He also contends the court abused its discretion in allowing the prosecution to reopen its case. We reject both arguments.
Court find that the trial court imposed an unauthorized sentence by failing to impose three mandatory five year enhancements. Appellant agrees the court erred in this respect, but argues the court must re consider his Romero motion in light of his new sentence. Court agree. Court reverse appellants sentence and remand the case to the trial court for reconsideration of the Romero motion and for re sentencing.
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