People v. Hall CA5
Opinion
Opinion
INTRODUCTION
Dashawn Tyriq Hall, appellant, was convicted of second degree robbery with a personal use of a firearm enhancement. He appeals his sentence of 12 years, arguing the trial court abused its discretion when it declined to strike the firearm use enhancement. We affirm.
PROCEDURAL HISTORY
On December 20, 2021, the Fresno County District Attorney’s Office filed an information charging appellant with one count of second degree robbery in violation of Penal Code, section 211,1 with a personal use of a firearm enhancement pursuant to section 12022.53, subdivision (b). On February 28, 2022, a jury found appellant guilty of second degree robbery and found true the personal use of a firearm enhancement. On March 28, 2022, the trial court sentenced appellant to the low term of two years on the second degree robbery, and 10 years on the firearm enhancement, for an aggregate term of 12 years in prison.
STATEMENT OF FACTS
On January 24, 2021, victim K.D. agreed to meet a potential buyer for his athletic shoes at a local high school. He communicated with the buyer through the buyer’s social media account and negotiated to sell the shoes to the buyer for $320. K.D. drove to the…