Becerra
People v. Becerra
Opinion
Opinion
Feinerman, J.
Defendants, Carlos Manuel Becerra and Robert Mario Gutierrez, were convicted by a jury of two counts of robbery. (Pen. Code, § 211.) In addition, Becerra was convicted of possession of heroin. (Health & Saf. Code, § 11350, subd. (a).) Both defendants were sentenced to state prison for five years, the high base term on the robbery charged in count I. They both received a concurrent low base term of two years on the robbery charged in count II. Becerra also received a concurrent 16-month low base sentence on count III, the heroin conviction. Each defendant received appropriate custody and conduct credits. We affirm the judgment as to both defendants.
Background
Antonio Guerra (Guerra) and Alicia Moreno (Moreno) left a Safeway market, at Brooklyn and Rowan, together at about 9:50 p.m. on August 27, 1984. They walked to Guerra’s Cadillac which was on the parking lot. Guerra unlocked the doors and helped Moreno into the right front passenger seat. He then put his groceries into the back seat and walked around to the driver’s side. As he got into the driver’s seat, two men approached the car. One got into the back seat and pointed a gun at Moreno. The other stood at the open…