People v. Mendez CA6

STATEMENT OF THE CASE

In January 2012, the victim was walking home from work in the afternoon, when she felt someone tugging at her purse. The victim held on to her purse, and defendant pointed a gun at her and told her to give him her purse. The purse strap broke, and defendant pushed the victim to the ground and he ran away with the purse. The victim identified defendant as the assailant from a photo lineup. Defendant was charged with one count of second-degree robbery (§ 211), with the personal use of a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) Defendant pleaded no contest to the robbery charge in March 2013. In May 2013, the court sentenced defendant to the aggravated term of five years in state prison, and imposed a $1,400 restitution fine. The firearm enhancement was dismissed.

DISCUSSION

Defendant asserts on appeal that the trial court erred in imposing sentence, because it relied on two aggravating factors that were not factually correct. Defendant also argues he was denied effective assistance of counsel because his attorney did not object to the court’s use of incorrect aggravating factors in sentencing him. In addition, defendant argues the court erred…