P. v. Duran
On January 27, 2005, an information was filed charging appellant in count 1 with second degree robbery (Pen. Code, 211), and in count 2 with possession of a firearm as a felon ( 12021, subd. (a)(1)). It alleged under count 1 that appellant had personally used a handgun during the robbery ( 12022.53, subd. (b)), and under count 2 that appellant had a prior felony conviction for robbery; in addition, it alleged that appellant had three prior convictions within the scope of the Three Strikes law ( 667, subds. (b)-(i), 1170. 12, subds. (a)-(d)). Appellant pleaded not guilty and denied the special allegations.
Trial was by jury. At trial, appellant stipulated to the truth of the special allegation under count 2. On July 25, 2005, the jury found appellant guilty as charged under both counts, and found the special allegation under count 1 to be true. Following trial, appellant admitted the prior convictions alleged under the Three Strikes law. The trial court imposed a total sentence of 35 years to life under count 1, and stayed punishment under count 2 ( 654). The judgment is affirmed.
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