17 P. v. Vidriofuentes
Defendant and appellant Juan Felipe Vidriofuentes was convicted by jury of second degree robbery (Pen. Code, § 211) and two counts of attempted second degree robbery (§§ 664/211.) The jury also found that defendant used a deadly and dangerous weapon (a taser) in the commission of the robbery (§ 12022, subd. (b)(1)). In a separate proceeding, the trial court found defendant served a prior prison term (§ 667, subd. (b)). The trial court sentenced defendant to the upper term of five years on the robbery conviction and imposed concurrent three-year terms on the attempted robbery counts. As to the weapon use and prior prison term findings, the court stated it “will be striking, under 1385 power, the 12022(b)(1), for sentencing only, and the 667.5(b) is flat out stricken.”
Defendant filed a timely notice of appeal.
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