P. v. Ruiz
George J. Ruiz appeals from the judgment entered following his guilty plea to carjacking (Pen. Code, 215, subd. (a)), his admissions that during the commission of the offense he personally used a deadly and dangerous weapon, to wit, a pellet gun, within the meaning of Penal Code section 12022, subdivision (b)(2), that he suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and two prior convictions of a serious felony within the meaning of Penal Code section 667, subdivision (a)(1). Pursuant to the negotiated plea, appellant withdrew his motion to set aside the information pursuant to Penal Code section 995, count 1, attempted kidnapping for carjacking (Pen. Code, 664/209.5) count 2, second degree robbery (Pen. Code, 211) were dismissed and appellant was sentenced to prison for 30 years. His sentence consisted of the upper term of nine years for count 3, doubled by reason of the Three Strikes law, five years for each of the two prior felony convictions admitted pursuant to Penal Code section 667, subdivision (a)(1), plus the midterm of two years for the weapon enhancement. The judgment is affirmed.
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