P. v. Elwell CA5
Defendant Aaron Paul Elwell was charged with attempted second degree robbery (Pen. Code, §§ 212.5, subd. (c), 664 [count 1]) and brandishing a deadly weapon (§ 417, subd. (a)(1) [count 2]). In connection with count 1, the information alleged he personally used a deadly weapon (§ 12022, subd. (b)(1)); was previously convicted of first degree burglary, a qualifying “strike” offense under the Three Strikes law (§§ 667, subds. (c)-(j), 1170.12, subds. (a) (e)) and serious felony (§ 667, subd. (a)); and previously served a prison term (§ 667.5, subd. (b)).
Following a trial, the jury found defendant guilty as charged and found true the special allegation he used a deadly weapon. In a bifurcated proceeding, the trial court found true the remaining special allegations. Defendant was sentenced to six years, plus five years for the prior serious felony conviction and one year for using a deadly weapon, on count 1. He also received a concurrent 90-day jail term on count 2.
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