P. v. Gomez
Jose Manuel Gomez appeals from the judgment entered following a jury trial in which he was convicted of two counts of second degree robbery, counts 2 and 7 (Pen. Code, 211), with the finding as to each that he personally used a handgun within the meaning of Penal Code section 12022.53, subdivision (b); criminal threats, count 3 (Pen. Code, 422); assault with a semiautomatic firearm, count 4 (Pen. Code, 245, subd. (b)); and burglary, count 5 (Pen. Code, 459), each with the finding he personally used a handgun within the meaning of Penal Code section 12022.5, subdivision (a). Following a court trial, appellant was found to have served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b), a prior conviction of a serious felony within the meaning of Penal Code section 667, subdivision (a)(1), and a prior conviction of a serious or violent felony within the meaning of the Three Strikes law. (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i).) Appellant was sentenced to prison for a total of 31 years and contends the trial court erroneously sentenced him to a full consecutive term on the enhancement attached to count 4 rather than the one-third term required by Penal Code section 1170.1, subdivision (a). For reasons stated in the opinion, Court remand the matter for resentencing and in all other respects, affirm the judgment.
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