People v. Trejo CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Charges

A. The robbery case Following a string of armed robberies and attempted robberies over a three-week period in June 2009, the People in Case No. NA082441 (“the 441 case”) charged defendant, as pertinent here, with five counts of second degree robbery (§ 211), and two counts of attempted second degree robbery (§§ 211, 664). The People further alleged that defendant personally used a firearm (§ 12022.53, subd. (b)), and that a principal in these crimes was armed with a firearm (§ 12022, subd. (a)(1)). The People alleged no enhancement based on prior convictions. B. The burglary case Following a car burglary in August 2009, the People in Case No. NA082970 (“the 970 case”) charged defendant with second degree burglary of a vehicle (§ 459). The People further

All further statutory references are to the Penal Code unless otherwise indicated.

2 alleged defendant’s 2008 conviction for grand theft (§ 487) as a prior prison term (§ 667.5, subd. (b)).

II. Disposition

Defendant went to trial in the 441 case, and the jury convicted him of the above-described charges and enhancements. On June 17, 2010, the trial court sentenced…