People v. Betancourt CA2/1

BACKGROUND

An information filed October 22, 2013 charged Betancourt with three counts of second degree robbery against Sona Gevorgian (count 1), Raymond Aladadyan (count 2), and Arsen Ter (count 3), all in violation of Penal Code section 211.1 The information also alleged in count 4 that Betancourt committed assault with a firearm on Gevorgian in violation of section 245, subdivision (a)(2). As to all four counts, the information alleged that Betancourt personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)), served a prior prison term (§ 667.5, subd. (c)), and had a prior conviction for a serious felony (§ 667, subd. (a)(1)), which constituted a strike (§§ 1170.12, subd. (b), 667, subds. (b)–(j)). The trial court granted Betancourt’s motion for judgment of acquittal as to count 3. After trial, the jury convicted Betancourt of count 1 (robbery of Gevorgian), count 2 (robbery of Aladadyan), and count 4 (assault with a firearm on Gevorgian). The jury found true that Betancourt personally used a handgun against Gevorgian in counts 1 and 4, and found not true that Betancourt personally used a handgun against Aladavyan in count 2. Betancourt admitted his prior…