P. v. Franco
A jury convicted defendant of robbery of an inhabited building, theft or unauthorized use of a vehicle, and false imprisonment. Enhancement allegations for personal use of a firearm were found true. The trial court found true the allegations concerning a prior Texas robbery conviction, and found that conviction qualified both as a strike and a serious felony. Defendant appeals.
The judgment is affirmed, except that the true findings as to the allegations that defendant suffered a prior Texas robbery conviction pursuant to (1) the Three Strikes law and (2) section 667, subdivision (a)(1), are reversed. The sentence is vacated, and the matter is remanded for a retrial as to the allegations concerning the prior Texas robbery conviction and for resentencing.
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