P. v. Valenzuela CA5
Appellant Jose Luis Valenzuela pled no contest to second degree robbery and assault with a semiautomatic firearm. Appellant also admitted that he personally used a firearm within the meaning of section 12022.53, subdivision (b), with regard to the count of second degree robbery and that he personally used a firearm within the meaning of section 12022.5, subdivision (a), with regard to the assault count. In exchange for his plea, appellant accepted a sentence of no more than 12 years. At sentencing, the trial court denied appellant’s request to strike the firearm enhancements and sentenced appellant to a total of 12 years in state prison. The sentence was based on the lower term of two years for second degree robbery with an additional 10 years for the firearm enhancement under section 12022.53, subdivision (b).
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