P. v. Washington CA3
After a bench trial, the court found defendant Larry LaShay Washington guilty of two counts of second degree robbery. The court found true that defendant personally used a firearm in the commission of each offense. (Pen. Code, § 12022.53, subd. (b).)
The court sentenced defendant to 12 years in prison: the low term of two years on count 1, plus 10 years for the firearm enhancement. The court imposed a concurrent two-year sentence on count 2.
On appeal, defendant argues: (1) the trial court violated his Sixth Amendment right to control the objectives of his defense by not asking whether he consented to his counsel’s concession of guilt; (2) the court erred by failing to give him full Boykin-Tahl advisements because his bench trial was in effect a “slow plea” of guilty; and (3) the court’s imposition of certain fines and fees without holding a hearing on his ability to pay them violated his constitutional rights. We will modify the judgment to correct the trial court’s miscalc
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