P. v. Drake
Defendant and appellant Jamiason Earl Drake was convicted by jury of second degree robbery in violation of Penal Code section 211.[1] The jury also found that defendant personally used a firearm in the commission of the robbery within the meaning of section 12022.53, subdivision (b). The trial court found that defendant had served a prior prison term, as defined in section 667.5, subdivision (b). Defendant was sentenced to 16 years in state prison, consisting of the upper term of five years for the robbery, enhanced by ten years for the firearm use, and one year for the prior prison term.
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