P. v. Laster CA2/5
Defendant and appellant Jimmie Laster (defendant) appealed the sentence he received for his robbery conviction. In an opinion issued in 2016, we held resentencing was required because the trial court violated defendant’s Sixth and Fourteenth Amendment rights by relying on a preliminary hearing transcript to conclude one of his prior convictions qualified as a predicate felony under the Three Strikes law. Defendant petitioned for review and our Supreme Court granted and held the petition pending its decision in People v. Gallardo (2017) 4 Cal.5th 120 (Gallardo). Gallardo having since been decided, the Supreme Court returned the case to us with instructions to vacate our prior opinion and reconsider the matter in light of that decision. Complying with that direction, we issue this opinion and conclude that although our prior resolution of the Sixth Amendment issue is consistent with Gallardo, aspects of our prior disposition require modification to hew more closely to the Gallardo
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