Carrasco

People v. Carrasco

Good Law
137 Cal. App. 4th 1050·2006 Cal. App. LEXIS 399·2006 Daily Journal DAR 3749·40 Cal. Rptr. 3d 768·2006 Cal. Daily Op. Serv. 2460
Court of Appeal of CaliforniaMarch 23, 2006B178115California3,221 words

Opinion

Opinion

Perren, J.

Defendant Luis Carrasco asked his friend to give him money. The friend refused. At various times during the next four hours defendant threatened to kill his friend and fired gunshots near the front of the store where his friend worked. Two hours after the shots were fired, defendant came to the store and demanded money from his friend but did not show a gun. His friend gave him money.

We conclude that under these circumstances defendant committed a robbery. We also conclude that firing the gun after the first threat was made and two hours before defendant received the money supports the allegation of personally discharging a firearm during the commission of a robbery. (Pen. Code, § 12022.53, subd. (c).)

Luis Carrasco appeals from his conviction, by jury, of three counts of second degree robbery. (§§ 211, 212.5, subd. (c).) He was sentenced to a determinate term of 25 years in state prison. The jury found true special allegations that he personally used a firearm (§ 12022.53, subd. (b)) and personally and intentionally discharged a firearm (id., subd. (c)). The section 12022.53, subdivision (b) enhancement as to count 1 was stricken pursuant to section 12022.53,…

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