Garcia

I. INTRODUCTION

Defendant, Carlos Ochoa Garcia, Jr., appeals after he was convicted of two counts of second degree robbery (Pen. Code, § 211); one count of firearm possession by a felon (§ 12021, subd. (a)(1)); two counts of carjacking (§ 215, subd. (a)); two counts of grand theft auto (§ 487, subd. (d)(1)); and two counts of unlawful driving or taking of an automobile. (Veh. Code, § 10851, subd. (a).) The jurors also found defendant was previously convicted of two serious felonies; he had served five prior prison terms; and he personally used a firearm in the commission of all of the offenses except count 3, firearm possession by a felon. (§§ 12022.5, subd. (a), 12022.53, subd. (b).) Because of his prior serious and violent convictions, defendant received indeterminate sentences as to every count. (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2).) Defendant contends he was denied the right to effective assistance of counsel. We and the parties have raised many sentencing contentions.

In the published portion of the opinion we resolve two sentencing issues. First, we analyze whether the sentencing court had a duty to either impose or strike the section 667.5, subdivision…