P. v. Randle
Kamorrie Randle (Randle) was convicted on one count of first degree murder, three counts of attempted premeditated murder, and three counts of attempted murder. On appeal, Randle contends: (1) the trial court abused its discretion and violated his constitutional right to a jury trial and due process of law when it failed to discharge Juror No. 3 for sleeping during trial; (2) there was insufficient evidence that a victim named Davon Howard (Howard) suffered great bodily injury within the meaning of Penal Code section 12022.53, subdivision (d);[1] and (3) the trial court erred when it enhanced the sentence for both counts 5 and 6 with additional and consecutive three-year terms pursuant to section 186.22, subdivision (b)(1)(A) instead of imposing a 15-year parole ineligibility periods pursuant to subdivision (b)(5).
Regarding the sentencing matter, the People agree that the trial court erred. We modify the sentence to impose a 15-year parole eligibility periods in counts 5 and 6 pursuant to section 186.22, subdivision (b)(5). In addition, we strike the three-year additional and consecutive three-year terms imposed pursuant to section 186.22, subdivision (b)(1)(A).
As modified, the judgment is affirmed.
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