People v. Perez CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Perez and a female companion were charged with multiple counts involving robberies of three different victims within a two-day span of time. Perez was charged with one count of carjacking (§ 215, subd. (a)) and one count of second degree robbery (§§ 211/212.5, subd. (c)) in connection with victim A.F (Counts 1 and 2).; one count of second degree robbery (§§ 211/212.5, subd. (c)) in connection with victim S.A. (Count 3); and one count of first degree robbery (§§ 211/212.5, subd. (a)) in connection with

1 All statutory references are to the Penal Code.

2 victim J.P (Count 4). It was further alleged that Perez had personally used a firearm during the commission of the offenses. (§ 12022.53, subd. (b).) A jury convicted Perez on all counts against him and he was sentenced as a second strike offender to a total of 32 years and four months in prison. The sentence included a ten-year firearm enhancement on Count One, a three year and four month enhancement on Count Three, and a prior strike enhancement of five years under sections 667, subdivision (a)(1) and 1192.7, what is often referred to as a “nickel prior” enhancement. On direct appeal,…