P. v. Gentry
A jury convicted defendant of one count of robbery, one count of dissuading a witness, and the personal use of a firearm in committing these offenses, all of which occurred in March 2001. (Pen. Code, 211; 136.1, subd.(c)(1); 1192.7, subd. (c)(7) and (8); 12022.5, subd. (a); and 12022.53, subd. (b).)[1] Three other counts were dismissed. All the crimes occurred in the same general vicinity in Corona.
The court sentenced defendant to a total prison term of 13 years, the middle term of three years on count 1 for robbery plus an additional 10 years for the personal firearm use. The court imposed a concurrent three-year sentence on count 2 and stayed the 10-year firearm sentence.
Defendant appeals, contending the trial court erred by allowing testimony from Danny Verdugo regarding defendants suspicious conduct at a Shell station located near the robbery sites. In a related claim, defendant charges prosecutorial error. Additionally, defendant challenges the courts ruling denying his mistrial motion. Finally, defendant also maintains the trial court should have stayed the three-year sentence on count 2 rather than imposing it concurrently with the sentence on count 1. Court reject all defendants contentions and affirm the judgment.
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