People v. Jacinto CA3

BACKGROUND

In June 2020, defendant was charged with two counts of second degree robbery (Pen. Code,1 § 211; counts 1 & 2), carrying a loaded unregistered firearm (§ 25850, subd. (c)(6); count 3), and receiving stolen property (§ 496, subd. (a); count 4). For counts 1 and 2, it was alleged that defendant personally used a firearm within the meaning of section 12022.53, subdivision (b). In October 2021, defendant pleaded no contest to count 1 and admitted an amended firearm use enhancement under section 12022.5, subdivision (a) in exchange for an aggregate term of nine years in state prison (served at 85 percent), including the upper term of five years for the robbery and the midterm of four years for personally using a firearm during the offense. The parties stipulated to the following factual basis for the plea: On June 13, 2020, defendant entered a Stockton liquor store and pointed a gun at the store clerks, demanding money; the store clerks complied out of fear and against their will by giving defendant $770 from the register. Defendant and a codefendant left the store with the money. Defendant acted with the specific intent to deprive the victims of the money taken and…