P. v. Zuniga
A jury convicted appellant Carlos Zuniga of second degree robbery (Pen. Code, 211, 212.5, subd. (c)),[1]and found true enhancement allegations that (1) in committing the instant offense, appellant acted for the benefit of, at the direction of, or in association with, a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members ( 186.22, subd. (b)(1)), and (2) a principal in the commission of the instant offense personally used a firearm ( 12022.53, subd. (e)(1)) The jury acquitted appellant of a second count of second degree robbery. The court imposed a prison term of 23 years, consisting of the three year midterm for the substantive offense, 10 years for the gang enhancement and 10 years, the court erroneously stated, for an enhancement for personal use of a firearm under section 12022.53, subdivision (b). The abstract of judgment reflects the sentence as pronounced by the court.
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