Nick

People v. Nick

Good Law
164 Cal. App. 3d 141·1985 Cal. App. LEXIS 1585·210 Cal. Rptr. 137
Court of Appeal of CaliforniaJanuary 28, 1985A022774California1,585 words

Opinion

Opinion

Barry-Deal, J.

In this second appeal, Robert Lee Nick challenges the sentence imposed after remand for resentencing. He contends that the trial court, without justification, resentenced him to a term longer than the orig inal one, thereby violating the prohibition against double jeopardy, and that the trial court made other sentencing errors. We affirm.

Facts

In January 1980, appellant had been convicted in Los Angeles County of robbery with use of a firearm (Pen. Code, §§ 211, 12022.5) and sentenced to a base term of three years with a two-year enhancement. He was serving this five-year sentence at the Chamberlain Creek Conservation Camp in Mendocino County when he escaped in February 1981. Appellant broke into a vacation home and stole clothing and tools. After cutting the telephone wires at a nearby home, he presented himself as a telephone repairman to Ms. Arreguin, who was at home with two young sons, and forced his way inside. At knifepoint he stole $100 and fled in her car. After his capture, he was charged with various offenses.

Appellant pled guilty to escape (count 1, § 4530), second degree burglary (count 2, § 459), and robbery (count 3, § 211) and admitted the prior…

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