Jerez

People v. Jerez

Good Law
1989 Cal. App. LEXIS 151·208 Cal. App. 3d 132·256 Cal. Rptr. 31
Court of Appeal of CaliforniaFebruary 28, 1989Docket Nos. B032922, B037064California3,061 words

Opinion

Opinion

Croskey, J.

Following a jury trial the defendant, Juan Castillo Jerez, was found guilty of second degree robbery (Pen. Code, § 211). In addition, it was found that defendant personally used a firearm (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1)). It was further found that defendant had suffered three prior serious felony convictions within the meaning of Penal Code section 667, subdivision (a) and that he had previously served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to state prison for the high base term of five years plus a two-year enhancement for the use allegation. He was also sentenced to an additional five years on each of the three serious felony convictions (Pen. Code, § 667, subd. (a)) plus one year for the prior prison term (Pen. Code, § 667.5, subd. (b)).

Issue Presented

The sole issue presented on this appeal, as framed by the defendant’s brief, is whether the “imposition of two five-year enhancements for two [of the three] prior convictions, which could have been brought and tried together in a single proceeding, violated [his] right to equal protection.” He also filed a petition for writ of habeas corpus,…

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