Fear Not Law Articles: P. v. Borbon

P. v. Borbon

Filed 1/16/07 P. v. Borbon CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

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THE PEOPLE,

Plaintiff and Respondent,

VICTOR RAUL BORBON,

Defendant and Appellant.

C050054

(Super. Ct. No. SF090217A)

A jury convicted defendant Victor Raul Borbon of second degree robbery (Pen. Code, § 211;^{^[1]} count 1) and attempted second degree robbery (§ 211; count 2). The jury found the deadly weapon allegation (§ 12022, subd. (b)) as to each count not to be true.

Sentenced to state prison for an aggregate term of five years (upper term of five years on count 1 and a concurrent midterm of two years on count 2), defendant appeals, contending (1) the trial court prejudicially erred in denying his request to discharge retained counsel, and (2) the trial court's imposition of the upper term for count 1 contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). We will affirm the judgment.

FACTS

About 7:00 a.m. on November 15, 2003, defendant approached three people on a Stockton street and demanded money from Jesus Sandoval. Defendant grabbed some money from Sandoval and threw it on the ground, saying â€

Description	A jury convicted defendant of second degree robbery (Pen. Code, S 211; count 1) and attempted second degree robbery (S 211; count 2). The jury found the deadly weapon allegation (S 12022, subd. (b)) as to each count not to be true. Sentenced to state prison for an aggregate term of five years (upper term of five years on count 1 and a concurrent midterm of two years on count 2), defendant appeals, contending (1) the trial court prejudicially erred in denying his request to discharge retained counsel, and (2) the trial court's imposition of the upper term for count 1 contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). Court affirm the judgment.
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