Rosales

*1257 Opinion

I. INTRODUCTION

A jury convicted defendant, Luis F. Rosales, of three counts of first degree robbery. (Pen. Code, §§ 211, 212.5, subd. (a).) 1 The jury further found firearm use allegations true as to each count. (§ 12022.53, subd. (b).) The trial court found defendant had a prior juvenile adjudication of a serious felony within the meaning of sections 667, subdivisions (b) through (i) and 1170.12. Defendant was sentenced to 30 years in state prison. We modify the oral pronouncement of judgment with respect to court facilities and court operations assessments. We affirm the judgment as modified. We direct that the abstract of judgment be amended upon remittitur issuance.

H. THE EVIDENCE

Defendant committed three robberies of hotel lobby front desk clerks. Defendant was arrested at the scene of the third robbery. His loaded semiautomatic firearm was recovered. The recovered gun was introduced in evidence at trial. Surveillance video from the robberies showed defendant using a gun.

Margaret Haynes was the victim of the first robbery, which was charged in count 2. Ms. Haynes testified that on November 2, 2011, defendant pointed a gun at her and demanded money. Ms.…

I dissent in part and concur in part.

To consider a hotel lobby open to the public as an “inhabited dwelling house” for purposes of Penal Code section 212.5, subdivision (a) expands the meaning of the term beyond the Legislature’s intent. The purpose of section 212.5—to provide “heightened protection to the residence” (People v. Cruz (1996) 13 Cal.4th 764, 775 [ 55 Cal.Rptr.2d 117 , 919 P.2d 731 ])—is based on factors unique to a residence or living quarters, including “to protect the peaceful occupation of one’s residence,” (ibid.)* 1 that a person is more likely to react violently to a crime in a residence or living quarters (Cruz, at p. 775), and victims within a confined dwelling space are more vulnerable (see People v. Fleetwood (1985) 171 Cal.App.3d 982, 987 [ 217 Cal.Rptr. 612 ]).

I acknowledge that any space inside a hotel literally could be said to be within an inhabited dwelling. But, under the majority decision, the shops or ballrooms in major hotels would be considered part of an inhabited dwelling and therefore covered by Penal Code section 212.5, subdivision (a). These days, many structures have mixed uses. The top floors of buildings are often composed of…