Ayon
People v. Ayon
Opinion
Opinion
Haller, J.
A jury convicted Francisco Javier Ayon of seven counts of robbery (Pen. Code, § 211), two counts of attempted robbery (§§ 664/211) and two counts of possession of a firearm by a felon (§ 12021, subd. (a)). The jury also found true allegations Ayon had personally used a firearm in all of the robberies and attempted robberies. (§ 12022.5, subd. (a).) In a bifurcated proceeding, the jury found Ayon had three prior serious felony convictions within the meaning of section 667, subdivision (a)(1), and four prior serious or violent felony convictions within the meaning of section 1170.12, which constituted “strikes” under the three strikes law.
On the robbery and attempted robbery counts, the trial court sentenced Ayon to 9 consecutive 25-year-to-life sentences for a total sentence of 225 years to life. Pursuant to section 654, the court stayed sentence on the possession of a firearm by a felon counts. The court also stayed sentence on the three prior serious felony conviction enhancements (§ 667, subd. (a)(1)).
Ayon appeals, contending the trial court erred in calculating the minimum term of his indeterminate sentence. Rather than a term of 225 years to life, Ayon maintains…