P. v. Matthews
Codefendants Lawrence Alvin Lovely and Rick D. Matthews victimized four employees of a rental store in south Sacramento. A jury convicted defendants of four counts of second degree robbery (Pen. Code, 211, 212.5, subd. (c)counts one, four, seven & ten)[1]in which they both personally used firearms ( 12022.53, subd. (b)); convicted both defendants of four counts of false imprisonment ( 236 counts two, five, eight & eleven) in which they both personally used firearms ( 12022.5, subd. (a)); convicted Lovely of assault with a firearm ( 245, subd. (a)(2) count three) in which he personally used a firearm ( 12022.5, subds. (a) & (d)); and convicted Matthews of three counts of assault with a firearm ( 245, subd. (a)(2) counts six, nine & twelve) in which he personally used a firearm ( 12022.5, subds. (a) & (d)). In a bifurcated proceeding, the trial court found that Lovely had sustained three prior serious felony convictions ( 667, subds. (a), (b)-(i), 1170.12), and that Matthews had sustained five prior serious felony convictions, three of which had been brought and tried separately. Defendants convictions are affirmed.
Comments on P. v. Matthews