P. v. Xatruch
A jury convicted defendant and appellant Delio Xatruch (defendant) of one count of false imprisonment (Pen. Code, 236, subd. (a)[1]), one count of dissuading a witness by force or threat ( 136.1, subd. (c)(1)), one count of kidnapping to commit another crime ( 209, subd. (b)(1)), two counts of first degree residential burglary ( 459), and two counts first degree robbery ( 211). The jury found true the allegations that defendant personally used a firearm in the commission of the kidnapping and the robberies within the meaning of section 12022.53, subdivision (b). As to the robberies, the jury also found true the allegation that defendant acted in concert and entered a structure as described in section 213, subdivision (a)(1)(A). The jury also found the allegation that defendant personally used a firearm in the commission of first degree burglary within the meaning of section 12022.5, subdivision (a)[2]to be true as to one count and not true as to the other count. The trial court struck the section 12022.53, subdivision (b) sentence enhancements as to the two robbery convictions; imposed a $200 restitution fine ( 1202.4, subd. (b)), a suspended $200 parole revocation restitution fine ( 1202.45), a $20 court security fee ( 1465.8, subd. (a)(1)), a $20 DNA penalty assessment (Gov. Code, 76104.7), and a $10 crime prevention fine ( 1202.5, subd. (a)); and sentenced defendant to state prison for life with the possibility of parole plus 17 years, four months. The judgment of conviction is affirmed.
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