Jennings

People v. Jennings

Good Law
1999 Cal. App. LEXIS 208·70 Cal. App. 4th 899·83 Cal. Rptr. 2d 33·99 Daily Journal DAR 2408
Court of Appeal of CaliforniaFebruary 17, 1999D027604California3,764 words

Opinion

Opinion

Huffman, J.

J.After a second jury trial, Jerry P. Jennings was convicted of conspiracy to commit robbery based on true findings of 14 overt acts (Pen. Code, § 182, subd. (a)(1)) and 4 second degree robberies (§ 211). The jury also found true allegations Jennings personally used a pellet gun in the commission of two of the robberies (§ 12022, subd. (b)). After a bifurcated trial, the court found true Jennings had suffered two serious felony prior convictions within the meaning of section 667, subdivision (a)(1), and also two strike priors (§§ 667, subds. (b)-(i), 1170.12). It sentenced him to prison for a total term of 110 years to life, consisting of 4 consecutive 25-year-to-life terms for the robberies and 10 years for the section 667, subdivision (a)(1) enhancements. The court stayed punishment under section 654 for the conspiracy conviction and struck the punishment for the armed enhancements.

Jennings raises three issues on this appeal. First, he contends both the trial court and his trial counsel deprived him of his Sixth and Fourteenth Amendment rights to the effective assistance of counsel and to testify on his own behalf when neither acted to protect those rights when his…

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