Perez

Jorge O. Bojorquez Perez was charged with second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b), & 213, subd. (a)(2)); personally using a deadly and dangerous weapon (§ 12022, subd. (b)); and a prior serious felony conviction (§ 667, subd. (a)). A jury convicted Perez of second degree robbery and found the weapon use allegation true. In the bifurcated court trial, the court found the prior serious felony allegation true. Perez was sentenced to eleven years in prison based on the upper term of five years for second degree robbery, one year for the weapon use enhancement and five years for the prior serious felony conviction.

I

On June 9, 1992, Suzanna Gomez was working as a cashier at the Azteca Market in Huntington Beach when Perez entered the store. The store owner, Luis Alfredo Bonilla, saw Perez and Gomez talking. Perez first asked about pots and pans and wanted change for a dollar bill to make a phone call. Gomez opened the cash register and then realized Perez was pointing a gun at her. Perez told Gomez to give him all the money. He put a white plastic bag on the counter and instructed her to put the money in it. She complied. Perez grabbed the bag and walked…