Lavoie

People v. Lavoie

Good Law
240 Cal. Rptr. 3d 825·29 Cal. App. 5th 875
Court of Appeal of CaliforniaDecember 3, 2018E068328California4,620 words

Opinion

Lead Opinion

Ramirez, J.

*827 *877 Defendant accosted a stranger in a parked car, forced him to turn over his car keys at gunpoint, and told him, "This ain't your car no more." He also took the victim's cell phone. When defendant was arrested, he was in possession of a handgun with a 15-round-capacity magazine.

After a jury trial, defendant was found guilty on three counts: (1) second degree robbery ( Pen. Code, §§ 211, 212.5, subd. (c) ), with a personal firearm use enhancement ( Pen. Code, § 12022.53, subd. (b) ); (2) unlawful possession of a firearm ( Pen. Code, § 29800, subd. (a)(1) ); and (3) receiving a large-capacity magazine ( Pen. Code, §§ 16740, 32310, subd. (a) ).

In a bifurcated proceeding, after waiving a jury trial, defendant admitted two "strike" priors ( Pen. Code, §§ 667, subds. (b) - (i), 1170.12 ), two prior serious felony enhancements ( Pen. Code, § 667, subd. (a) ), and two prior prison term enhancements ( Pen. Code, § 667.5, subd. (b) ).

As a result, defendant was sentenced to a total of 71 years 4 months to life.

*878 Defendant does not challenge his conviction of the substantive offenses. All of his appellate contentions relate to the enhancements and the strikes. 1 Most…

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