P. v. Ross
In an amended information, the District Attorney of Los Angeles County charged appellant and his co-defendant, Antoinette Renee Falice, with robbery (Pen. Code 211, count 1)[1]and assault by means of force likely to cause great bodily injury ( 245, subd. (a)(1).) It was alleged as to both counts that appellant had suffered five prior convictions pursuant to section 1170.12, subdivisions (a) through (d) and 667, subdivision (b) through (i). It was further alleged that appellant had suffered two prior serious felony convictions within the meaning of section 667, subdivision (a)(1) and five prior convictions within the meaning of section 667.5, subdivision (b).
Appellant pled not guilty and denied the allegations. His motion to bifurcate the prior convictions was granted. The case was tried to a jury and on December 13, 2005, appellant was found guilty as to both counts. On January 10, 2006, the trial court found all of the Three Strike Law prior convictions to be true, and two of the serious felony convictions to be true.
The court denied appellants request to strike the strike prior convictions and sentenced appellant to 35 years to life in state prison: 25 to life on count 1, plus 10 years for the prior serious felony convictions. A separate 25 to life sentence on count 2 was stayed pursuant to section 654. Appellant was ordered to pay a restitution fine of $7,500 pursuant to section 1202.4, subdivision (b) and a parole revocation fine of $7,000 pursuant to section 1202.45. Appellant was given credit for 198 days of presentence custody plus an additional 29 days for good time/work time. Appellant filed a timely notice of appeal.
The judgment is affirmed.
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