P.

P. v. Ramirez CA4/3

Good Law
Court of Appeal of CaliforniaMarch 5, 2013G047015California822 words

Opinion

Opinion

Facts and Proceedings Defendant was convicted by a jury as to count 1 of second degree robbery and personal use of a deadly weapon. As to count 2, he was convicted of assault with a deadly weapon. As to count 1, he was sentenced to seven years, or the midterm of three years which was doubled under the “Three Strikes” law, plus a consecutive one-year term for the personal use enhancement. As to count 2, assault with a deadly weapon, he was sentenced to a concurrent six-year term. He was also sentenced to a consecutive five- year term for a prior serious felony, plus an additional one year for a prior prison enhancement, for a total term of 13 years in state prison.

* Before Rylaarsdam, Acting P. J., Bedsworth, J., and Thompson, J.

All statutory references are to the Penal Code unless otherwise stated.

2 Facts of the Case On August 17, 2011, Lemont Larkins (hereinafter Larkins) parked his vehicle in the small parking lot located in front of the A&S Market in Santa Ana, and entered the store to purchase $25 worth of lottery tickets. He purchased his tickets and left the store holding a $50 bill in his hand. As he walked towards his car, he saw a man on a bicycle blocking…

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