Centeno
People v. Centeno
Opinion
Lead Opinion
Huffman, J.
*395 *574 Emmanuel Jose Centeno pled guilty to assault with a semiautomatic firearm ( Pen. Code, 1 § 245, subd. (b) ; count 1), robbery (§ 211; count 2), and possession of more than 28.5 grams of marijuana ( Health & Saf. Code, § 11357, subd. (b)(2) ; count 3). Centeno also admitted allegations as to counts 1 and 2 that he personally used a firearm in committing the offenses within the meaning of Penal Code section 12022.5, subdivision (a).
The trial court sentenced Centeno to prison for three years on count 1 and stayed his sentence for count 2. Under section 1385, the court struck the gun enhancements for purposes of sentencing. In addition, for count 3, the court imposed credit for time served.
*575 Centeno appeals, contending the trial court abused its discretion by failing to grant him probation. In the alternative, Centeno maintains the court erroneously failed to recognize its discretion to strike count 2 (robbery). We affirm.
FACTUAL BACKGROUND
Because Centeno pled guilty, both parties rely on the probation report for the facts of Centeno's underlying crimes. Based on their agreement as to the facts and as a matter of convenience, we adopt the facts as set forth in the…