DeLeon
People v. DeLeon
Opinion
Opinion
Ashby, J.
By trial appellants Jose Steven DeLeon and Xavier Octavio Morales were convicted of robbery (count I, Pen. Code, § 211), grand theft (count II, Pen. Code, § 487), taking a vehicle (count HI, Veh. Code, § 10851), and assault with a deadly weapon (count IV, Pen. Code, § 245). As to counts I, II, and HI, the jury also found that appellants each personally used a deadly weapon (Pen. Code, § 12022, subd. (b)). As to counts I and n, the jury also found that appellants took property, the loss of which exceeded $25,000 (Pen. Code, § 12022.6, subd. (a)). Appellant Morales was sentenced on count I to a term of five years in the state prison, composed of a midterm of three years for robbery, plus one year each for enhancements under sections 12022, subdivision (b), and 12022.6, subdivision (a). Appellant DeLeon was sentenced on count I to a term of four years in the state prison, composed of a lower term of two years for robbery plus one year each for the two enhancements. The court’s disposition of the remaining counts is discussed below.
At about 6:15 p.m. on May 26, 1980, the victim, Alfred Alexander, was driving his red 1973 Cadillac proceeding southbound on South 7th Street in…