P. v. Mercado
A jury convicted David Henry Schumm and Manuel Mercado of robbery (Penal Code,[1] 211; count 1), carjacking ( 215, subd. (a); count 2), false imprisonment ( 236; count 4), witness intimidation ( 136.1, subd. (b)(1); count 5), and active participation in a criminal street gang ( 186.22, subd. (a); count 6). The jury also convicted Schumm of being a felon in possession of a firearm ( 12021, sub. (a)(1); count 3). As to counts 1 and 2, the jury found true allegations Schumm and Mercado were both principals and at least one of them personally used a firearm ( 12022.53, subd (b), (e)). As to these counts, the jury also found true allegations Schumm intentionally and personally used a firearm ( 12022.53, subd. (b), 1192.7, subd. (c)(8)). As to counts 1 through 5, the jury found true criminal street gang enhancement allegations ( 186.22, subd. (b)). In addition, Schumm admitted having two prior prison convictions ( 667.5, subd. (b)) and Mercado admitted having three prior prison convictions ( 667.5, subd. (b)), three prior serious felony convictions ( 667, subd. (a)(1)), and three prior strike convictions ( 667, subds. (c), (e)).
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