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Name: People v. Morgan
Case #: A166435
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/08/2024
Summary

(1) Substantial evidence supported resisting officer by “use of force or violence” conviction (PC 69) when defendant pointed unloaded gun at officer and pulled the trigger; (2) follows People v. Wiley (2023) 97 Cal.App.5th 676, review granted March 12, 2024, S283326, in holding PC 1170(b)(3) does not require jury to determine “unsatisfactory” past probation performance or “numerous” prior convictions aggravating factors; (3) trial court improperly made “dual use” of defendant’s firearm brandishing by imposing sentence for gun enhancement and also considering jury’s true finding on gun use aggravator when imposing midterm sentence after defendant presented “super mitigant” evidence under PC 1170(b)(6).

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A166435.PDF