Samuels

People v. Samuels

Good Law
1996 Cal. App. LEXIS 136·42 Cal. App. 4th 1022·50 Cal. Rptr. 2d 157·96 Daily Journal DAR 1945·96 Cal. Daily Op. Serv. 1170
Court of Appeal of CaliforniaFebruary 20, 1996Docket Nos. B091782, B092585California1,968 words

Opinion

Opinion

Ortega, J.

Manuel Rudolfo Samuels appeals from the judgment entered following his conviction by jury of residential robbery and three counts of residential burglary in three incidents, with court findings of two prior serious or violent felony convictions: in 1975 of robbery in People v. Samuels (Super. Ct. L.A. County, No. A437797), and in 1982 of four counts of residential burglary, attempted robbery with use of a firearm, and two counts of forcible rape in People v. Samuels (Super. Ct. L.A. County, No. A452257). (Pen. Code, §§211, 212.5, 459, 460, 667, subd. (a), 664, 12022.5, 261, subd. (a)(2) [formerly § 261, subd. (2)].) Samuels received a 25-year-to-life prison sentence under the legislative three strikes law, which became effective March 7, 1994. (§ 667, subds. (b)-(i).) The People appeal from the imposition of sentence (§ 1238, subd. (a)(10)).

We agree with the People that the trial court was required to impose mandatory consecutive indeterminate life sentences on each count. In the unpublished portion of this opinion we find the trial court was required to impose additional five-year prior serious felony conviction enhancements in addition to the indeterminate sentence;…

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