People v. Mendez CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Alex Garcia Mendez of robbery (Pen. 1 Code, § 211; count 2) while armed with a weapon and assault with a deadly weapon

(§ 245, subd. (a)(1); count 3). The jury also found true that defendant inflicted great 2 bodily injury (§ 12022.7, subd. (a)) in the commission of the assault (count 3). In a

bifurcated proceeding, defendant admitted he had suffered a prior conviction that

qualified as both a prior serious felony (§ 667, subd. (a)) and a prior strike (§§ 667, subd.

(e), (e)(1), 1170.12, subd. (c)(1)). After the trial court denied defendant’s motion to

dismiss his prior serious felony and strike conviction, defendant was sentenced to a total

term of 14 years in state prison. On appeal, defendant contends (1) there was insufficient

evidence to support the robbery conviction, and (2) Senate Bill No. 81 requires that only

one enhancement be imposed and dismissal of the remaining enhancement. We reject

these contentions and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

M.A. is the owner and manager of a smoke shop in Riverside. At around 8:

p.m. on April 10, 2022, M.A. was working at the register…