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P. v. Garris CA6
A jury found defendant David Allen Garris guilty of carjacking (Pen. Code, § 215), attempted second degree robbery (§§ 664, 211, 212.5, subd. (c)), and assault with a deadly weapon (§ 245, subd. (a)(1)) and found true the allegation that defendant personally used a dangerous or deadly weapon during the commission of the assault (§§ 667, 1192.7). Defendant admitted the allegations that he had two prior strike convictions (§§ 667.5, subds. (b)-(i), 1170.12), two prior serious felony convictions (§ 667, subd. (a)), and two prior prison terms (§ 667.5, subd. (b)). After the trial court denied defendant’s Romero motion to strike the prior strike convictions, it sentenced defendant to an aggregate term of 37 years to life.
Defendant contends that the case must be conditionally remanded for a mental health diversion eligibility hearing pursuant to section 1001.36; remand is required to give the trial court an opportunity to exercise its newfound discretion to strike his serious fe

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