P.

P. v. Aguirre CA2/5

Good Law
Court of Appeal of CaliforniaMarch 18, 2013B238540California5,459 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Defendant and appellant Manuel Aguirre appeals from his three convictions for second degree robbery.1 Defendant and appellant Luis Carranza appeals from his three second degree robbery convictions, from his convictions for short barreled shotgun or rifle activity and assault with a firearm, and from the findings that he personally used a firearm in the commission of the robberies and in the commission of the assault with a firearm. We affirm.

PROCEDURAL BACKGROUND

In a second amended information, the District Attorney of Los Angeles County charged Aguirre and Carranza with three counts of second degree robbery. (Pen. Code, § 2112.) The District Attorney also charged Carranza with short barreled shotgun or rifle activity (former § 12020, subd. (a)(1), now § 33215) and assault with a firearm (§ 245, subd. (a)(2)). As to the robberies, the District Attorney alleged that a principal was armed with a firearm (§ 12022, subd. (a)(1)); that a principal personally used a firearm (§ 12022.53, subds. (b) & (e)(1)); and that the robberies were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote,…

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