P. v. Rubio
Defendant also known as Mikey Quintero, was convicted of two counts of second degree robbery, three counts of attempted second degree robbery, two counts of assault with a firearm, one count of discharging a firearm at an occupied motor vehicle, and numerous enhancements for firearms use and infliction of great bodily injury. He was sentenced to 69 years to life in state prison.
Appellant and respondent agree that, on the count of shooting at an occupied motor vehicle, the trial court should have imposed one rather than two firearms discharge enhancements, pursuant to Penal Code section 12022.53, subdivision (d) (S 12022.53(d).) Court reject appellant's other contention, which is that there was insufficient evidence on two of the attempted robbery counts. Court therefore strike one of the section 12022.53(d) enhancements, and otherwise affirm.
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