Becker

People v. Becker

Good Law
2000 Cal. App. LEXIS 675·83 Cal. App. 4th 294·99 Cal. Rptr. 2d 354·2000 Cal. Daily Op. Serv. 7166
Court of Appeal of CaliforniaJuly 31, 2000No. G025753California1,217 words

Opinion

Lead Opinion

Bedsworth, J.

In a four-count information, Donald Stephen Becker and Montoye Jones were charged with conspiring and attempting to commit robbery and burglary. The information also alleged that defendants were armed with a firearm during these offenses and that Becker had suffered a prior strike conviction. Jones pleaded guilty and turned state’s evidence. Becker was convicted of the conspiracy counts and the enhancements, but was acquitted of the attempt counts. As a second strike offender, he was sentenced to seven years in prison, representing double the base term of three years, plus one year for the arming enhancement. Becker now contends the arming enhancement cannot be applied to the crime of conspiracy, and the court used the wrong standard in refusing to dismiss his prior strike conviction. Finding these contentions without merit, we affirm the judgment.

On May 5, 1998, Becker called Jones to enlist his help in getting $50,000 from Joseph Rokovich. He told Jones that Rokovich had cheated him out of the money and that he wanted to go to his house to get it back. Jones agreed to help out, once Becker assured him he could get a gun for the job.

That evening, Jones and Becker…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.