P. v. Linares CA4/3
An information charged Anthony Osorio Linares with two counts of robbery (Pen. Code, §§ 211, 212.5, subd. (c); all further references are to this code unless otherwise indicated). It also alleged he committed the robbery for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)); he personally and vicariously used a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)); he was out of custody on bail at the time of the robbery (§ 12022.1, subd. (b)); and he had suffered a prior serious and violent “strike” juvenile adjudication (§§ 667, subd. (d), 1170.12, subd. (b)).
Linares admitted he was at the scene, but claimed he did not participate in the robbery. Still, a jury found him guilty on both counts, and it found true the gang and firearm enhancement allegations. He then admitted the other enhancement allegations, and the court sentenced him to 12 years, 8 months in prison.
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