Burgos

People v. Burgos

Good Law
117 Cal. App. 4th 1209·12 Cal. Rptr. 3d 566·2004 Cal. App. LEXIS 599·2004 Daily Journal DAR 5003·2004 Cal. Daily Op. Serv. 3579
Court of Appeal of CaliforniaApril 23, 2004B165985California2,831 words

Opinion

Opinion

Ashmann-Gerst, J.

Jose Ernesto Burgos, also known as Isaiah Flores and Jose E. Flores, appeals from the judgment imposed on resentencing after remand by this court (People v. Burgos (Oct. 31, 2002, B153653) [nonpub. opn.]), following his conviction by jury of second degree robbery (Pen. Code, § 211) and assault by means likely to produce great bodily injury with the personal infliction of great bodily injury (§§ 245, subd. (a)(1), 12022.7, subd. (a)), and his admission of two prior serious felony convictions within the meaning of section 667, subdivision (a) and the three strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). He was originally sentenced to two consecutive prison terms of 25 years to life, with a three-year enhancement for the infliction of great bodily injury and two five-year prior serious felony conviction enhancements. On remand, he was again sentenced to two consecutive prison terms of 25 years to Ufe, with a three-year enhancement for the infliction of great bodily injury. Pursuant to our directions, the trial court imposed only one five-year prior serious felony conviction enhancement. In this appeal, he contends that the trial court abused its discretion in…

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