P. v. Rizo
Appellants Rodrigo R. Rizo and Cesar G. Gonzalez were convicted by separate juries after separate trials for crimes they committed together on March 22, 2004. Gonzalez was convicted of two counts of home invasion robbery in concert. (Pen. Code, 213, subd. (a)(1)(A).) Defendant was convicted of two counts of home invasion robbery in concert and one count of carjacking. ( 215, subd. (a).) The trial judge sentenced Gonzalez to eight years in state prison, imposing consecutive six and two year sentences for the two robbery counts. ( 213, subd. (a)(1)A).) The judge sentenced Rizo to nine years in state prison, imposing two concurrent nine year upper term sentences for the two robbery counts and staying imposition of sentence on Rizo's carjacking conviction pursuant to section 654.
Gonzalez appeals his conviction and Rizo appeals his sentence. Gonzalez contends there was no substantial evidence to support his convictions for home invasion robbery and that he was entitled to an instruction on the lesser included crime of attempted robbery. Rizo contends that imposition of the upper term sentences violated his right to a jury trial. Court affirm the judgment against Gonzalez. Court reverse the judgment against Rizo and remand for re-sentencing as to Defendant.
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