P. v. Ontiveros
A jury found defendant Manuel Feliciano Ontiveros guilty of robbery (Pen. Code,[1] 211, count 1), dissuading a victim from reporting a crime by force or by an express or implied threat of force or violence ( 136.1, subd. (c)(1), count 2),[2]and attempting to elude a peace officer. (Veh. Code, 2800.2, count 3.) The jury found the allegation that defendant personally used a firearm in the commission of the robbery to be untrue. ( 12022.53, subd. (b).) The trial court sentenced defendant to a total term of three years in state prison, consisting of the midterm of three years on count 1, a concurrent three years on count 2, and a concurrent two years on count 3. On appeal, defendant argues: 1) there was insufficient evidence to sustain his conviction in count 2; and 2) his sentence in count 2 should be stayed under section 654. Court affirm.
Comments on P. v. Ontiveros