P. v. Carter
A jury found appellant William Carter guilty of second degree robbery (Pen. Code, § 211),[1] and that his crime was gang related (§ 186.22, subd. (b)(1)(C)). The trial court found that appellant had admitted to suffering a prior strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and serving four prior prison terms (§ 667.5, subd. (b)). Appellant was sentenced to 24 years in state prison, which consisted of the upper term of five years for the robbery conviction doubled to 10 years for the prior strike conviction, plus 10 years for the gang enhancement, plus four years for the prior prison term enhancements (one year for each prior prison term). Appellant appealed the judgment, and this court determined there was insufficient evidence to support the trial court’s finding that appellant had admitted the priors alleged against him. We vacated appellant’s sentence and remanded the case for a new trial on sentencing. (People v. Pious (June 23, 2011, B223750) [nonpub. opn.].)
On remand, the trial court held a bench trial and determined the evidence was sufficient to support the findings that appellant had suffered one prior felony strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and four prior prison terms (§ 667.5, subd. (b)). The trial court sentenced appellant to the same 24-year sentence, and this current appeal followed.
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