P. v. Martin CA4/2
After being told to leave a convenience store in the afternoon, defendant, Semaj Amme Martin, grabbed a 12-pack and a few other packs of beer and left. Later, in the evening of the same day, defendant re-entered the same convenience store with a gun, and robbed the two clerks in the presence of a customer. He was charged, tried, and convicted of two counts of robbery with use of a firearm (Pen. Code, §§ 211, 12022.53, subd. (b)), four counts of assault with a firearm (§§ 245, subd. (a)(2), 12022.5, subd. (a)), and one count of commercial burglary (§ 459), along with an allegation that he had suffered a prior felony conviction for which he had served a prison term, “prison prior” (§ 667.5, subd. (b)), one serious felony prior, “nickel prior” (§ 667, subd. (a)), and one strike prior. (§ 667, subds. (c), (e)(1).) Defendant was sentenced to an aggregate term of 33 years in prison and appealed.
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