P. v. Howard CA3
When a Walmart associate confronted defendant James Joseph Howard in the Walmart parking lot after observing defendant and his companion leave the store without paying for merchandise, defendant pepper-sprayed the associate’s eyes. A jury convicted defendant of robbery in the second degree (Pen. Code, § 211), second degree commercial burglary (§ 459), and assault (§ 240). The jury also found true an enhancement allegation that defendant personally used a deadly or dangerous weapon in the commission of the robbery and burglary. (§ 12022, subd. (b)(1).) The trial court sentenced defendant to six years in prison: the upper term of five years for the robbery plus one year for the weapons enhancement. It imposed but stayed a two-year sentence for the burglary and a 120-day sentence for the assault, requiring defendant to pay $120 in restitution to Walmart.
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