DeLeon

People v. DeLeon

Good Law
138 Cal. App. 3d 602·188 Cal. Rptr. 63·1982 Cal. App. LEXIS 2266
Court of Appeal of CaliforniaDecember 24, 1982Crim. 42560California2,554 words

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…

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