P. v. Cervantes CA5
In a felony complaint filed March 19, 2014, defendant was charged with four counts of second degree robbery (Pen. Code, § 211), and one count of receiving stolen property (§ 496, subd. (a).) The complaint also alleged defendant received the stolen property for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)); and that defendant had suffered a prior serious felony conviction. (§§ 667, subds. (b)–(i); 1170.12, subds. (a)–(d).)
On March 25, 2014, pursuant to a plea bargain, defendant changed his plea on the charge of receiving stolen property from not guilty to nolo contendere. Defendant also admitted the attached gang enhancement (§ 186.22, subd. (b)(1)) and the prior strike. The four second degree robbery counts were dismissed. Defendant was later sentenced to prison for two years four months.
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