People v. Mackey CA3

Filed 3/10/15 P. v. Mackey CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C073310

Plaintiff and Respondent, (Super. Ct. No. SF121306B)

v.

PARIS MACKEY,

Defendant and Appellant.

A jury found defendant Paris Mackey guilty of two counts of second degree robbery (Pen. Code,1 § 211) and found that he personally used a firearm (§ 12022.53, subd. (b)) in the commission of each count. After his new trial motion based on prosecutorial misconduct and insufficiency of evidence was denied, defendant was sentenced to prison for an aggregate term of 13 years, which included a consecutive term of 10 years for the firearm use enhancement.

1 Undesignated statutory references are to the Penal Code…