Navarro

People v. Navarro

Good Law
1 Cal. Rptr. 2d 245·1991 Cal. App. LEXIS 1267·235 Cal. App. 3d 1144·91 Daily Journal DAR 13522·91 Cal. Daily Op. Serv. 8876
Court of Appeal of CaliforniaOctober 31, 1991No. F013772California3,719 words

Opinion

Lead Opinion

Best, J.

—When a defendant is sentenced for both armed and unarmed robbery convictions, does Penal Code 1 section 1170.95, subdivision (g) *1147 impose a 10-year limit on all the consecutive subordinate terms for robbery or may subordinate terms for the unarmed robberies be imposed subject to a separate 5-year limit under section 1170.1, subdivision (a)? We will conclude the 10-year limit applies for all the robbery convictions and modify the judgment accordingly.

Statement of the Case

As pertinent to the appeal, defendant was convicted by jury of six counts of robbery with the use of a knife (§§ 212.5, subd. (b), 12022, subd. (b)), five counts of robbery (§ 212.5, subd. (b)), one count of attempted robbery (§§ 664/212.5), three counts of assault with a deadly weapon (§ 245, subd. (a)(1)), and one misdemeanor count of giving false information to a police officer (§ 148.9, subd. (a)). In addition, the court found defendant had suffered a prior conviction of a serious felony (§ 667) and a prior prison term (§ 667.5, subd. (b)). Defendant initially pleaded guilty to numerous counts on the understanding the maximum allowable sentence was 12 years. Later the probation officer…

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