People v. J-Weial CA5

INTRODUCTION

In 2001, a jury convicted defendant Xavier Lumar J-Weial of two counts of second degree robbery (Pen. Code, § 212.5, subd. (c); counts 1 & 2) and found true enhancement allegations he personally used a firearm (§ 12022.53, subd. (b)), he was armed with a firearm (§ 12022, subd. (a)(1)), and he committed the crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In a bifurcated proceeding, defendant admitted he had previously suffered a prior conviction that qualified as a strike (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)) and two prior prison terms (§ 667.5, former subd. (b)). (Undesignated statutory references are to the Penal Code.) The court originally sentenced defendant to 36 years, comprising an upper term of five years on count 1 doubled to 10 years based on the strike, plus two 10-year terms for the personal firearm use and gang enhancements, a five-year term for the section 667, subdivision (a) enhancement, and one year for one of the prior prison term enhancements. The court stayed one-year terms on the arming enhancement and the other prior prison term enhancement. The court also imposed a concurrent upper term of five years…