P. v. Scally




Filed 6/13/11 P. v. Scally CA2/3



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. TONY SCALLY et al., Defendants and Appellants.

B217402 (Los Angeles County Super. Ct. No. TA103013)

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary R. Hahn, Judge. Affirmed as to defendant Gates; as to defendant Scally, affirmed as modified and remanded.
Joanna Rehm, under appointment by the Court of Appeal, for Defendant and Appellant Tony Scally.
David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant William Gates.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________
Defendants and appellants, Tony Scally and William Gates, appeal the judgments entered following their convictions for robbery and burglary (Gates only), with gang, firearm, and prior prison term (Gates only) findings (Pen. Code, §§ 211, 459, 186.22, subdivision (b), 12022.53, 667.5).[1] Scally was sentenced to state prison for a term of 23 years, and Gates was sentenced to state prison for a term of 21 years, 8 months.
The judgment is affirmed as to Gates. As to Scally, the judgment is affirmed as modified and remanded for resentencing.
BACKGROUND
Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following.
1. The robbery.
Claudia Arce worked at the Astro Coin Laundromat (â€