People v. Rapisardo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Rapisardo with four counts: count 1—robbery in the second degree (Pen. Code, § 212.5, subd. (c))1; count 2—assault with a firearm (§ 245, subd. (a)(2)); count 3—possession of a firearm by a felon (§ 29800, subd. (a)(1)); and

1 Subsequent undesignated statutory references are to the Penal Code. count 4—false imprisonment (§ 236). As to counts 1 and 4, the prosecution further alleged Rapisardo personally used a firearm in the commission of the offenses (§§ 12022.5, subd. (a), 12022.53, subd. (b)). As part of a negotiated plea agreement, Rapisardo pleaded no contest to counts 1 and 4. The trial court denied probation and imposed a total term of three years in prison, consisting of the middle term of three years for count 1 and a concurrent term of 364 days for count 4. The court stayed various fines and fees after finding that Rapisardo was unable to pay them. Rapisardo filed a timely notice of appeal and did not request a certificate of probable cause. B. Facts of the Offenses At the preliminary hearing, the victim testified that she and another woman lived in a two-bedroom apartment where they…