P.

P. v. Gomez CA6

Good Law
Court of Appeal of CaliforniaJuly 2, 2013H037792California8,342 words

Opinion

Opinion

Elia, J.

Facts and Proceedings Below On August 26, 2010, in 101687A, the Monterey County District Attorney filed an 18-count information in which appellant was charged with one count of second degree robbery (Pen Code, § 211, count one, victim Juan Arate); two counts of identity theft (§ 530.5, subd. (a),2 count two victim Rene Nava, count three victim Armando Nava); seven counts of commercial burglary (§ 459, counts four and 12 Sears, counts six and eight K-

1 A third case, MS287961 (hereafter MS287961), was sentenced at the same time, but no victim restitution was ordered. 2 All unspecified section references are to the Penal Code. Mart, count 10 Rite-Aid, counts 14 and 16 Macy's); seven counts of false personation (§ 529.3, counts five and 13 Sears, counts seven and nine K-Mart, count 11 Rite Aid and counts 15 and 17 Macy's) and one count of mail theft (§ 530.5, subd. (e), count 18, a misdemeanor). In the information it was alleged that all the counts occurred between April and June 2010, and that appellant had served two prior prison terms within the meaning of section 667.5, subdivision (b). Subsequently, on February 18, 2011, in 102170A, the Monterey County District…

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