People v. Olivas CA2/8

FACTS

In an information dated May 7, 2013, Olivas was charged with second degree robbery of Alex Albarran (count 1), carjacking a vehicle in the possession of Mariana M. (count 2), second degree robbery of Mariano Herrera (count 3), and possession of a firearm by a felon (count 4). (Pen. Code, §§ 211, 215, subd. (a), 29800, subd. (a)(1).)1 It was further alleged as to the first three counts that Olivas personally used a firearm, a handgun, within the meaning of section 12022.53, subdivision (b), causing the above offense to become a serious felony pursuant to section 1192.7, subdivision (c)(8) and a violent felony within the meaning of section 667.5, subdivision (c)(8). It was alleged as to all counts that Olivas had suffered one prior strike, one prior serious felony conviction and had served a prior prison term. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667, subd. (a)(1), and 667.5, subd. (b).)

I. Facts Underlying Count 1 for Second Degree Robbery

On November 18, 2012, Alex Albarran was robbed while walking home in the city of Bell Gardens at approximately 2:30 a.m. Albarran described the person who robbed him as a 20- to 25-year old man who was five feet 11…