People v. Ruiz CA6

I. INTRODUCTION

After a court trial, defendant Jeremiah Gonzalez Ruiz was convicted of two counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))1 and one count of carrying a concealed dirk or dagger (former § 12020, subd. (a)(4)2). The trial court found true allegations that, in the commission of the robberies, defendant personally used a dangerous or deadly weapon. (§ 12022, subd. (b)(1).) Defendant subsequently admitted that he had five prior “strike” convictions (§§ 667, subds. (b)-(i), 1170.12) and two prior serious felony convictions (§ 667, subd. (a)), and that he had served one prior prison term for a violent felony (§ 667.5, subd. (a)) and three other prior prison terms (§ 667.5, subd. (b)).

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The crime of carrying a concealed dirk or dagger is now proscribed by section 21310. (See Stats. 2004, ch. 247, § 7; Stats. 2010, ch. 711, § 6.) Defendant then had a court trial on the issue of his sanity at the time of the offenses. (See § 25, subd. (b).) The trial court found that defendant was sane. Defendant was sentenced to a prison term of 50 years to life consecutive…