Chambers

People v. Chambers

Good Law
104 Cal. App. 4th 1047·128 Cal. Rptr. 2d 679
Court of Appeal of CaliforniaJanuary 10, 2003B151584California1,480 words

Opinion

Opinion

Yegan, J.

Robert J. Chambers was convicted in a court trial and appeals from the judgment sentencing him to prison for 13 years. The information alleged that he had committed a second degree robbery and had personally used a firearm in the commission of the offense. (Pen. Code, §§ 211, 12022.5, subd. (a)(1), 12022.53, subd. (b).) Neither at trial nor at sentencing did the trial court expressly find that the personal use of a firearm allegation was true. As we shall explain, it impliedly did so because it imposed a 10-year prison term for the enhancement. We reject appellant’s contention that the absence of an express finding requires that the 10-year enhancement be stricken. Accordingly, we affirm.

Facts and Procedural History

While working as a cashier at a 7-Eleven convenience store, Abdel Munwar was confronted by three robbers. One was wearing a white and yellow shirt and yellow shorts. He put a firearm to Munwar’s head. The robbers took money from the store and fled.

Police Sergeant Edward Medrano was patrolling the area and saw appellant and another person running from the 7-Eleven. Appellant was wearing a white and yellow shirt and yellow shorts. Something was in his…

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