P. v. Betancourt
A jury convicted defendant and appellant Eliseo Betancourt of three offenses: second degree commercial burglary of El Zocalo Restaurant (Pen. Code, 459);[1] (2) second degree robbery of Jarriet Fair ( 211), with a special finding that defendant used a handgun ( 12022.53, subd. (b)); and (3) unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)). Defendant was acquitted of grand theft of an automobile ( 487, subd. (d)(1)).[2]In a separate proceeding, the trial court found defendant suffered two prior prison terms alleged under section 667.5, subdivision (b), for which he served a single concurrent term. The trial court imposed a prison term of 14 years 4 months, comprised of the 3 year midterm for the robbery, a consecutive 10 year term for the firearm use enhancement, and two consecutive 8 month terms for the burglary and the Vehicle Code violation. The one year enhancement under section 667.5, subdivision (b), was stayed. That portion of the judgment staying imposition of punishment for the enhancement under section 667.5, subdivision (b) is reversed. The trial court is directed to hold a new sentencing hearing and either impose the enhancement or strike it in accordance with the dictates of section 1385. In all other respects, the judgment is affirmed.
Comments on P. v. Betancourt