P. v. Jones

Filed 6/29/06 P. v. Jones 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Butte)

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Defendant Joseph Ledarius Jones pleaded no contest to two counts of second degree robbery (Pen. Code, § 211)^[1] and admitted one allegation under section 12022.5, subdivision (a) (personal use of firearm). The trial court sentenced defendant to the middle term of three years on count 1, a four-year enhancement under section 12022.5, subdivision (a)(1), and the middle term of three years on count 2, with two years stayed, for a total sentence of eight years. Defendant claims on appeal that the trial court abused its discretion by imposing a prison term instead of probation. In the alternative, he asserts that the trial court abused its discretion by failing to impose the lower term. We affirm.

Facts

Since the defendant pleaded no contest, the facts are taken primarily from the probation report. On December 10, 2003, defendant entered the Korner Market in Chico. After selecting a bottle of malt liquor and some cigars, he brandished a revolver and told the clerk to give him the money in the store as well as the videotape from the surveillance camera. Defendant received $204.58 and the videotape.

On December 29, 2003, defendant and 14-year-old Anthony Z. robbed the ABC Market in Chico. Defendant walked into the market and asked the clerk for a Playboy magazine that was kept behind the counter. Anthony Z. then pointed a revolver at the clerk and calmly told the clerk to open the register. The clerk surrendered approximately $1,800 to the two. Upon leaving, Anthony Z. turned to the clerk and said, â€