P. v. Salgado
A jury convicted Eliseo Salgado of robbery (Pen. Code, 211)[1]and found that he personally used a firearm in the commission of the offense ( 12022.5, subd. (a), 12022.53, subd. (b)). The trial court sentenced Salgado to 13 years in prison: three years for robbery with a 10 year enhancement under section 12022.53, subdivision (b) for use of a firearm.
Salgado appeals, contending that the firearm enhancement must be stricken because: (i) a firearm use enhancement cannot apply if, as in Salgado's case, the use of the firearm itself transforms the offense from a petty theft (to which the enhancement is not applicable) to a robbery; and (ii) the evidence was insufficient to support the jury's finding that he used a firearm. Salgado also contends that his robbery conviction must be reversed because: (i) there was insufficient evidence to support the jury's finding that he was the perpetrator of the robbery; and (ii) the photographic array that the police showed to the eyewitnesses was unduly suggestive. As discussed below, Court find no merit to these contentions.
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