P. v. Mendoza CA5
In an information filed March 13, 2015, defendant was charged with kidnapping to commit robbery (count 1; Pen. Code, § 209, subd. (b)); second degree burglary (count 2; § 460, subd. (b)); second degree robbery of Eulisses Mercado (count 3; § 212.5, subd. (c)); second degree robbery of Olivero Arvizu (count 4; § 212.5, subd. (c)); first degree robbery of Eulisses Mercado (count 5; § 212.5, subd. (b)); and attempted second degree robbery of Olivero Arvizu (count 6; §§ 664, 212.5, subd. (b).) The information alleged defendant personally used a firearm during the commission of all counts. (§ 12022.5, subd. (a).) Finally, the information alleged defendant personally used a firearm during the commission of the kidnapping to commit robbery within the meaning of section 12022.53, subdivision (b). (But see fn. 4, post.)
The jury convicted defendant on all counts (except count 3, previously dismissed) and found true all allegations except the section 12022.53, subdivision (b) al
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