Velasco

*68 Opinion

The jury convicted Robert Frank Velasco of attempted first degree robbery (Pen. Code, 1 §§ 664, 211; count 1); assault with a firearm (§ 245, subd. (a)(2); count 4); possession of a firearm by a felon (former § 12021, subd. (a)(1); count 5); and street terrorism (§ 186.22, subd. (a); count 6). The jury also found, as to counts 1 and 4, that Velasco personally used a firearm within the meaning of former section 12022.5, subdivision (a). The jury found Velasco not guilty of first degree burglary (§ 459; count 2). It also returned a not true finding on the robbery in concert within the meaning of section 213, subdivision (a) in connection with count 1. In addition, the jury was unable to reach verdicts that counts 1, 4, and 5 were committed for the benefit of, at the direction of, or in association with, a criminal street gang, within the meaning of section 186.22, subdivision (b)(1).

Velasco subsequently admitted one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)); one prior serious felony conviction (§ 667, subd. (a)(1)); and one prison prior (§667.5).

The court sentenced Velasco to prison for 28 years eight months.

Velasco appeals,…