P. v. Avila CA2/2
Defendant and appellant Jose Lewis Avila was charged with nine counts of robbery (Pen. Code, § 211)), one count of assault with a deadly weapon, one count of dissuading a witness from reporting a crime, and one count of child abuse. A jury found him guilty as charged and found true the allegations, as to all counts, that defendant personally used a deadly and dangerous weapon, and that, as to count 10, defendant personally inflicted great bodily injury. The trial court found true the allegation that defendant suffered two prior strike convictions and a prior serious felony. Defendant was sentenced to 12 consecutive terms of 25 years to life, plus 74 years based on the enhancements. Defendant appealed his conviction. On March 7, 2016, this court affirmed defendant’s conviction in part, but concluded that the trial court misunderstood its authority in imposing, as mandatory, consecutive sentences. (People v. Avila (Mar. 7, 2016, B260179) [nonpub. opn.], at p. 16 (Avila I).)
Comments on P. v. Avila CA2/2