People v. Amaya CA4/2

FACTS AND PROCEDURE

On November 20, 2011, defendant and his brother robbed a convenience store at

gunpoint (defendant’s brother held the gun), took the clerk’s wallet and cell phone, and

emphasized that they now knew where the clerked lived.

On April 26, 2013, the jury convicted defendant of all charges—robbery (Pen.

Code, § 211),1 burglary (§ 459) and dissuading a witness (§ 136.1, subd. (b)(1)). The

jury also found true the allegation as to the robbery that defendant participated as a

principal knowing that another principal was armed with a firearm (§ 12022, subd. (d)).

On July 22, 2013, after a court trial on defendant’s prior convictions, the court

found true that defendant had a prison term prior (§ 667.5, subd. (b)) and two strike priors

(§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)). The court then sentenced

defendant to a total of 26 years to life in prison as follows: 25 years to life for the

1 All section references are to the Penal Code unless otherwise indicated.

2 robbery, 25 years to life for the burglary, stayed pursuant to section 654, 25 years to life

for dissuading a witness, to be served concurrently, plus one consecutive year for…