P. v. Evans
Codefendants Tommy Leonard Evans (Evans) and Carlton Deandre Flemister (Flemister) were convicted of second degree robbery (Pen. Code, 211), assault with a deadly weapon ( 245, subd. (b)), and carrying a loaded firearm. ( 12031, subd. (a)(2)(f).) The jury also found true the enhancement allegations that they personally used a firearm. ( 12022.53, subd. (b) & 12022.5, subd. (a).) Evans was sentenced to 18 years, which consisted of the upper term of five years on count 1 plus a consecutive term of 10 years for the section 12022.53, subdivision (b) allegation. As to count 2, the trial court imposed a consecutive one year term which was one third the midterm. One third the term of 10 years on the section 12022.53, subdivision (b) allegation as to count 2, or three years and four months, was stayed. A consecutive term of two years, which was one third the midterm, was imposed as to count 3. The 16-month term (one-third of four years) on the section 12022.5, subdivision (a) allegation as to count 3 was stayed. Finally, a concurrent term of two years (one third the midterm) was imposed as to count 4. The trial court granted probation as to codefendant Flemister. On appeal, Flemister contends there was insufficient evidence that he was the driver of the vehicle used to commit the robberies and the trial court erroneously admitted into evidence a state gun registry showing he did not own the firearm. Court conclude his contentions are without merit and affirm.
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