People v. Quintanilla CA4/2

BACKGROUND

In 2010, a jury found defendant guilty as charged of attempted robbery (§§ 664,

211) and criminal threats (§422). The jury also found he used a knife in the commission

of the robbery (§ 12022, subd. (b)(1)).

In a bifurcated proceeding, defendant pled guilty to active gang participation

(§ 186.22, subd. (a)) and admitted two prior strike convictions and one prior serious

felony conviction (§ 667, subds. (a), (c) & (e)). The court sentenced him to a total prison

term of 31 years to life, consisting of 25 years to life for the attempted robbery, with an

additional five years for the prior serious felony conviction, and one year for the knife

enhancement. The court also imposed a concurrent term of 25 years to life on the

criminal threats conviction and dismissed the gang offense in the interest of justice.

Defendant appealed the judgment and, pursuant to section 654, we stayed the

sentence imposed for the criminal threats conviction and remanded the matter with

instructions to correct the abstract of judgment to reflect the stay. (People v. Quintanilla

(Nov. 1, 2011, E052179) [nonpub. opn.].) We affirmed the judgment in all other

respects. (Ibid.)

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