O'ROARK

People v. O'ROARK

Good Law
1998 Cal. App. LEXIS 399·63 Cal. App. 2d 872·63 Cal. App. 4th 872·73 Cal. Rptr. 2d 924·98 Daily Journal DAR 4683
Court of Appeal of CaliforniaMay 5, 1998B093085California2,611 words

Opinion

Opinion

Nott, J.

William Mark O’Roark appealed from the judgment entered following a jury trial that resulted in his conviction of three counts of second degree robbery (Pen. Code, § 211) with findings that he used a firearm in the commission of each robbery (Pen. Code, § 12022.5, subd. (a)). The jury also found that he had three prior serious or violent felony convictions within the meaning of Penal Code section 667, subdivisions (b) through (i) (the legislative version of the three strikes law), that he had three prior serious felony convictions within the meaning of Penal Code section 667, subdivision (a), and that he served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). The jury’s findings that appellant had three prior felony convictions under the three strikes law and that he had three prior serious felony convictions within the meaning of Penal Code section 667, subdivision (a), involved the same prior felony convictions. Appellant was initially sentenced to a determinate term of 19 years followed by a term of 25 years to life. The following day, the trial court vacated that sentence on the grounds it did not comply with the three strikes…

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