Fear Not Law CA Unpub Decisions

P. v. Borbon

Filed 2/20/07 P. v. Borbon
CA Unpub Decisions
P


P. v. Borbon


Filed 1/16/07  P. v. Borbon CA3


NOT TO BE PUBLISHED


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


THIRD APPELLATE DISTRICT


(San Joaquin)


----







THE PEOPLE,


          Plaintiff and Respondent,


     v.


VICTOR RAUL BORBON,


          Defendant and Appellant.



C050054


(Super. Ct. No. SF090217A)



     A jury convicted defendant Victor Raul Borbon of second degree robbery (Pen. Code, §  211;[1] count 1) and attempted second degree robbery (§  211; count 2).  The jury found the deadly weapon allegation (§  12022, subd. (b)) as to each count not to be true. 


     Sentenced to state prison for an aggregate term of five years (upper term of five years on count 1 and a concurrent midterm of two years on count 2), defendant appeals, contending (1) the trial court prejudicially erred in denying his request to discharge retained counsel, and (2) the trial court's imposition of the upper term for count 1 contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely).  We will affirm the judgment.


FACTS


     About 7:00 a.m. on November  15, 2003, defendant approached three people on a Stockton street and demanded money from Jesus Sandoval.  Defendant grabbed some money from Sandoval and threw it on the ground, saying â€

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