P. v. New CA2/8
Defendant Donald Frank New was charged by amended information with one count of robbery (Pen. Code, § 211), one count of contributing to the delinquency of a minor (§ 272, subd. (a)(1)), and three counts of child endangerment (§ 273a, subd. (b)). It was also alleged that he suffered a prior strike and serious felony conviction (§§ 667, subd. (a)(1), 667, subd. (d), 1170.12, subd. (b)). He was convicted by jury of all counts, and the special allegations were found true by the trial court.
The trial court denied defendant’s motion to strike his 2002 conviction for assault with a deadly weapon. Defendant was sentenced to an aggregate term of nine and one-half years, consisting of the low term for robbery, doubled because of the strike prior, plus five years for his serious felony conviction, plus a consecutive 180-day term for contributing to the delinquency of a minor. The 180-day terms for the child endangerment counts were to run concurrently.
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