P. v. Osby CA2/5
In an amended information, defendant and appellant David Osby was charged with robbery (Pen. Code, § 211 [count 1]), resisting an officer (§ 69 [count 2]), and attempted robbery (§§ 211/664 [count 3]). It was alleged that Osby used a deadly weapon, a knife, in the commission of count 1. (§ 12022, subd. (b)(1).) The amended information further alleged that Osby suffered three prior serious felony convictions with respect to counts 1 and 3 within the meaning of the three strikes law. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) With respect to all three counts, it was alleged that Osby suffered three prior serious felony convictions within the meaning of section 667, subdivision (a)(1), and served two prior prison terms (§ 667.5, subd. (b)).
The jury found Osby guilty in counts 1 and 2, but acquitted him in count 3. It found the prior conviction allegations to be true.
Osby was sentenced to a total of 25 years to life in prison, plus a determinate term of 17 years. The co
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