People v. Ochoa, No. E045756

Defendant's conviction for carjacking, attempted robbery, being a felon in possession of a firearm, and other offenses is affirmed in part and reversed in part where: 1) the true findings on the gang enhancements are reversed as they were not supported by substantial evidence; 2) the prior prison terms must be stricken and the People are barred from seeking to try them upon remand; and 3) the record is sufficiently clear to order the award of custody credits as requested by defendant.     

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Appellate Information

Filed November 20, 2009

Judges

Opinion by Judge Miller

Counsel
For Appellant:   Brett Harding Duxbury

For Appellee:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Kristen Chenelia and Vincent La Pietra, Deputy Attorneys General