P.

P. v. Phothisane CA1/1

Good Law
Court of Appeal of CaliforniaMarch 26, 2013A132073California8,455 words

Opinion

Opinion

Dondero, J.

STATEMENT OF THE CASE

Defendant Johnny Phothisane was charged by amended information with one count of robbery, personal use of a firearm, and service of four prior prison terms. (Pen. Code, §§ 211, 12022.53, subd. (b), 667.5, subd. (b).)1 A jury convicted defendant of robbery and found the firearm use allegation true. The prosecution dismissed the prior prison term allegations. In a later negotiated disposition, the prosecution amended the information deleting the firearm use allegation under section 12022.53, subdivision (b), adding a personal firearm use allegation under section 12022.5, subdivision (a), and reinstating two of the prior prison term allegations. Defendant admitted the gun allegation and the two prior prison terms. The court sentenced defendant to state prison for 11 years. Defendant timely appeals.

STATEMENT OF THE FACTS

The Robbery Around 1:30 a.m. on October 18, 2008, Luis Costadone (Luis) and Amy Kight Costadone (Amy) were walking home on Bay Street in San Francisco after dinner when, at the intersection of Bay and Webster Streets, “somebody jumped out of the corner.” Luis was carrying his wife’s large brown bag. The robber pointed a gun at him and said,…

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