P. v. Fay
A jury convicted defendant of second degree robbery and found true an allegation that he was personally armed with a deadly weapon during the robbery, purportedly within the meaning of Penal Code section 12022, subdivision (b). Defendant was sentenced to an aggregate prison term of four years and eight months (the middle term of three years for the robbery, a consecutive term of one year for the purported enhancement, and a consecutive term of eight months for a conviction in another proceeding. On appeal, defendant contends the enhancement imposed for being personally armed with a deadly weapon while committing the robbery must be reversed because there is no such enhancement. The People concede the error.
The purported section 12022, subdivision (b) enhancement is reversed, the sentences imposed for the purported enhancement and the robbery conviction are vacated, and the cause is remanded to the trial court for resentencing. In all other respects, the judgment is affirmed.
Comments on P. v. Fay