People v. Salone CA4/2

FACTS

On April 13, 2012, Salone and a codefendant entered a jewelry store armed with

handguns. One of the employees was able to trip the silent alarm, and another eventually

wrestled control of a handgun from Salone. Police arrived while the robbery was in

progress, and after 40 minutes Salone exited the store where police arrested him.

The Riverside County District Attorney charged Salone with kidnapping (Pen.

Code, § 209, unlabeled statutory citations refer to this code), two counts of attempted

robbery (§§ 664/211), and possession of a firearm by a felon (§ 29800) in connection

with the attempted robbery. In addition, they charged him with one count of robbery for

an incident which occurred on March 15, 2012. The complaint also alleged Salone

personally used a gun in committing each crime (§ 12022.53, subd. (b)) and had one prior

serious felony conviction (§ 667, subd. (a)(1)) which was also a prior strike conviction

(§§ 667, subds. (c) & (e)(1); 1170.12, subd. (c)(1)) and two prior prison convictions

(§ 667.5, subd. (b)).

Salone pled guilty to attempted second degree robbery and second degree robbery,

and admitted the enhancements for firearm use, prior strike,…