P. v. Austin CA5
Steven Oscar Blackwell Austin stands convicted, following a jury trial, of first degree robbery (Pen. Code, §§ 211, 212.5, subd. (a); count I), carjacking (§ 215, subd. (a); count II), being a felon in possession of a firearm (§ 29800, subd. (a); count III), and evading a peace officer (Veh. Code, § 2800.2, subd. (a); count V). As to counts I and II, the jury found he personally used a firearm (§ 12022.53, subd. (b)), but did not personally and intentionally discharge a firearm (id., subd. (c)). After a bifurcated court trial, he was found to have suffered a prior conviction for a serious felony that was also a strike, and for which he served a prison term. (§§ 667, subds. (a) & (d), 667.5, subd. (b).) His motion for a new trial was denied, and he was sentenced to a total term of 32 years 4 months in prison. Various financial obligations were imposed.
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