People v. Spivey CA3
Opinion
Opinion
Filed 7/7/15 P. v. Spivey 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073902
Plaintiff and Respondent, (Super. Ct. No. SF119150B)
v.
XAVIER SPIVEY,
Defendant and Appellant.
A jury convicted defendant Xavier Spivey of first degree felony murder (Pen. Code, § 187, subd. (a)),1 two counts of kidnapping to commit robbery (§ 209, subd. (b)), and two counts of first degree robbery (§§ 211, 212.5, subd. (a)), while sustaining
Undesignated statutory references are to the Penal Code.
1 personal use of a firearm allegations (§ 12022.53, subd. (b)).2 The trial court sustained a strike allegation and sentenced defendant to 98 years to life plus 24 years. On appeal, defendant…