P. v. Rodriguez and Estrada
Defendants Wilson Rodriguez and Jesus Estrada were charged with second degree robbery (Pen. Code, 211) (Count 1) and assault with a firearm ( 245, subd. (a)(2)) (Count 2). The People also alleged that a principal in the robbery charged in Count 1 was armed with a firearm. ( 12022, subd. (a)(1).) A jury convicted defendants on Count 1; on Count 2, the jury convicted defendants of assault ( 240), a lesser included offense. The jury found not true the allegation under section 12022, subdivision (a)(1). The trial court sentenced Estrada to the middle term of three years on Count 1 and to 180 days in county jail on Count 2, with the sentence on Count 2 stayed pursuant to section 654. The trial court placed Rodriguez on three years formal probation, with the condition, among others, that he serve 365 days in the county jail. Court affirm.
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