Montalvo

People v. Montalvo

Good Law
248 Cal. Rptr. 3d 708·36 Cal. App. 5th 597
Court of Appeal of CaliforniaJune 20, 2019C078115California11,258 words

Opinion

Lead Opinion

Murray, J.

*601 Posing as undercover police officers, defendant and a female associate committed two robberies. On one occasion, they took money from a couple at a hotel. On another occasion, they pretended to be conducting a prostitution sting operation and stole money from their target. In a hotel room where defendant was eventually arrested, police discovered rock cocaine and a glass smoking pipe.

Defendant was convicted of various crimes including robbery in the first degree ( Pen. Code, §§ 211, 212.5, subd. (a) ) 1 and robbery in the second *602 degree ( §§ 211, 212.5, subd. (c) ). After striking one of two prior serious felony conviction allegations, the trial court sentenced defendant to a determinate term of 25 years in state prison and a consecutive one-year term in county jail.

On appeal, defendant contends: (1) the evidence was legally insufficient to prove the "accomplished by means of force or fear" element of robbery; (2) in the alternative, his robbery convictions should be vacated because his conduct constituted violations of more specific statutes, obtaining money by false impersonation and false pretenses (§§ 530, 532), and thus a prosecution for robbery was preempted…

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