People v. Benitez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural History 1. Charges, Plea Agreement, and Sentencing On January 12, 2012, the Santa Clara County District Attorney’s Office filed a first amended complaint charging Benitez and three co-defendants with 21 separate offenses. With respect to Benitez, the complaint charged him with 18 counts of second degree robbery (§§ 211 & 212.5, subd. (c); counts 1–12, 14–19), one count of attempted second degree robbery (§§ 664, 211 & 212.5, subd. (c); count 13), and one count of owning, purchasing, receiving and possession of a firearm by a felon (§ 12021, subd. (a)(1); count 20). The information further alleged the following weapons allegations: (1) Benitez personally used a firearm during the commission of the robberies and attempted robbery in counts 1, 4, 5, 13, 15, and 17 (§ 12022.53, subd. (b)); (2) Benitez personally and intentionally discharged a firearm during the commission of the robbery in count 2 ((§ 12022.53, subd. (c)); (3) Benitez personally used a deadly and dangerous weapon during the commission of the robberies in counts 3, 6, 7, 9, and 10 (§ 12022, subd. (b)(1); and (4) Benitez was armed with a firearm during the…