P. v. Perez
In this consolidated appeal, defendants Hector Ortiz and David Perez appeal from judgments entered against them following jury convictions for first degree residential robbery of Juan Rosa Ortiz (Rosa).[1] (Pen. Code, 211.) The jury also found true the allegation that Ortiz personally used a knife in the commission of the robbery ( 12022, subd. (b)(1)). In addition, Perez admitted he suffered a prior conviction for second degree burglary, and Ortiz admitted two prior convictions for robbery, one attempted robbery conviction, and a conviction for assault with means likely to cause great bodily injury.
Perezs sentence is reversed and remanded for trial and resentencing solely as to his prior prison term enhancement ( 667.5, subd. (b)). Judgment is affirmed in all other respects. Perezs writ petition is denied.
Ortizs sentence is reversed and remanded for trial and resentencing solely as to his three prior felony conviction enhancements ( 667, subd. (a)). In all other respects, Ortizs judgment is affirmed.
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