People v. Ponce CA6

Filed 9/17/14 P. v. Ponce CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039256

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS120239A)

v.

FRANCISCO PEDRO PONCE,

Defendant and Appellant.

Defendant Francisco Pedro Ponce was convicted following a court trial of robbery (Pen. Code, § 211)1 and dissuading a witness (§ 136.1, subd. (c)(1)). The trial court also found true a gang enhancement (§§ 186.22, subd. (b)(1)(C), 12022, subd. (b)(1)) and a knife-use enhancement (§ 12022, subd. (b)(1)). Defendant was sentenced to a term of 16 years in prison. On appeal, defendant argues the prosecution committed Brady error (Brady v. Maryland (1963) 373 U.S. 83 (Brady)), the evidence at trial was…