Ramirez

Victor Q. Ramirez was convicted by a jury of second degree robbery (Pen. Code, §§ 211, 212.5) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), a lesser included offense within the charged offense of attempted murder. (Pen. Code, §§ 664, 187.) The jury also found that Ramirez intentionally inflicted great bodily injury upon the victim (§ 12022.7) and used a deadly weapon in the commission of each offense. (§ 12022, subd. (b).) The trial court imposed an aggregate unstayed term of nine years, composed of the upper five-year term for the robbery count, a three-year consecutive term for the great bodily injury enhancement, and one year for use of the knife. Sentence on the assault count was stayed pursuant to section 654.

Appellant’s convictions formed the basis for violation of probation in another case, People v. Ramirez (Super. Ct. Ventura County, No. CR31765). He admitted the violation and the trial court imposed a consecutive eight-month sentence and a $200 restitution fine.

Appellant contends the trial court erred by: (1) imposing the great bodily injury enhancement in connection with the robbery count because the evidence was insufficient to…