Garcia

People v. Garcia

Good Law
1997 Cal. App. LEXIS 980·59 Cal. App. 4th 834·69 Cal. Rptr. 2d 463·97 Daily Journal DAR 14525·97 Cal. Daily Op. Serv. 9021
Court of Appeal of CaliforniaDecember 1, 1997B107536California1,637 words

Opinion

Opinion

Boren, J.

Raymond J. Garcia appeals from the judgment entered upon his conviction by jury of two counts of second degree robbery and two counts of second degree burglary (Pen. Code, §§211, 459), with findings, after a court trial, of two prior serious felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d), a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a), and a prior felony conviction for which he served a separate prison term within the meaning of Penal Code section 667.5, subdivision (b).

Appellant was sentenced to 25 years to life plus 8 years 4 months, calculated as follows: The court imposed the third strike term of 25 years to life on count 1, robbery, with a 5-year section 667, subdivision (a) enhancement, and stayed the sentence for burglary in count 2. The court exercised its discretion as to the prior convictions pursuant to section 1385 with respect to counts 3 and 4, robbery and burglary, and imposed consecutive sentences of one-third the midterm, doubled, or two years and sixteen months, respectively, on those counts.

Appellant contends…

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