People v. Ochoa CA3

BACKGROUND

On his 18th birthday, while on juvenile probation for a firearm possession offense (Pen. Code, § 25400, subd. (a)(1)),1 defendant robbed the victim at gunpoint. The victim had seen defendant’s social media post offering a gun for sale and they arranged to meet. When the victim got in defendant’s car, defendant pointed a gun at his head, threatened to shoot him, and took $700 from the victim. A jury found defendant guilty of second degree robbery (§ 211) and found true the allegation defendant personally used a firearm (§ 12022.53, subd. (b)). A presentence probation report listed several circumstances in aggravation. In particular, the crime involved great violence and other acts disclosing a high degree of cruelty, viciousness, or callousness; the manner in which the crime was carried out indicated planning; and, defendant was on juvenile probation when the crime was committed. Defendant was also involved in several disciplinary incidents while in custody. In mitigation, the probation report noted defendant was youthful. The probation report recommended sentencing defendant to the middle term of three years plus 10 years for the firearm enhancement. At sentencing in…