P. v. Carter CA2/8
Defendants Jonathan Mitchell Carter and Joshua Earl Charles appeal the judgments following their convictions for carjacking and robbery with gun use enhancements. Carter challenges the admission of two items of evidence. We agree the trial court abused its discretion in admitting both pieces of evidence, but we find no prejudice warranting reversal. Charles challenges the trial court’s reasonable doubt instruction, but his contention has been rejected in many cases and we see no reason to depart from them. We therefore affirm the judgment of conviction. However, following the Supreme Court’s grant of review and transfer of this case back to us, we remand for resentencing in light of Senate Bill No. 620 (Stats. 2017, ch. 682).
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