California v. Garrett
Annotate this CaseThis appeal arose out of Victor Garrett and Erion Varnado’s participation in armed robberies and an attempted armed robbery in November 2008. Both Garrett and Varnado were 17 years old when the offenses were committed, but were tried as adults. A jury convicted Garrett of six counts of second degree robbery, two counts of kidnapping for robbery, one count of attempted robbery, and one count of assault with a firearm. For each of the offenses, the jury found true the allegation Garrett personally used a firearm, and as to the assault with a firearm, that Garrett personally discharged a firearm. Garrett was sentenced to serve a total of 74 years and 4 months to life in prison. Varnado was also convicted by a jury of two counts of second degree robbery, one count of attempted robbery, and one count of assault with a firearm. The jury also found true the allegation Varnado personally used a firearm during the assault and attempted robbery. However, the jury found Varnado not guilty of four counts of robbery. The jury was unable to reach a verdict as to: the two counts of kidnapping to commit robbery, whether Varnado personally used a firearm during the second degree robberies, or he discharged a firearm during the attempted robbery. The trial court declared a mistrial as to the counts and enhancements for which the jury could not reach a verdict. On retrial, Varnado was convicted of the remaining two counts of second degree robbery, and the jury found true the allegation he used a firearm during these robberies. The second jury was not asked to decide whether Varnado discharged a firearm during the attempted robbery. Varnado was sentenced to serve a total of 31 years to life in prison. Both appealed. The Court of Appeal found no reversible error and affirmed each defendant's convictions and sentence.
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