P. v. Ruiz
Defendant and appellant Felix Ramirez Ruiz (defendant) pleaded guilty to three counts of second degree robbery (Pen. Code, 211[1]) and one count of child abuse ( 273a, subd. (a)). Defendant admitted that he personally used a deadly and dangerous weapon in the commission of the robberies ( 12022, subd. (b)(1)); that he suffered a prior felony conviction alleged to be a serious felony within the meaning of the Three Strikes law ( 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and section 667, subdivision (a); and that he suffered four prior convictions for which he allegedly served separate prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to state prison for a term of 21 years, eight months as follows: a term of 10 years for one of defendants robbery convictions the upper term of five years doubled to 10 years under the Three Strikes law (the trial court imposed concurrent terms for defendants two additional robbery convictions); a consecutive term of two years, eight months for defendants child abuse conviction (one-third of the middle term of four years doubled under the Three Strikes law); a consecutive one-year term for defendants personal use of a deadly or dangerous weapon ( 12022, subd. (b)(1)); a consecutive term of five years for defendants prior serious felony conviction under section 667, subdivision (a)(1); and three consecutive terms of one year for three of defendants four prior convictions and prison terms under section 667.5, subdivision (b). The trial court stayed imposition of the one year term for defendants fourth prior qualifying conviction under section 667.5, subdivision (b) because that same conviction served as the basis for the five year term under section 667, subdivision (a)(1). Court remand for resentencing.
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