P. v. Gonzalez
Hugo A. Gonzalez appeals from the judgment entered following a jury trial in which he was convicted of six counts of second degree robbery, counts 1 through 5 and count 7 (Pen. Code, 211) with the finding that in counts 1, 3, 4, and 7 he personally used a deadly weapon, a knife, within the meaning of Penal Code section 12022, subdivision (b)(1) and that in count 5 he personally used a deadly weapon, a screwdriver. After a court trial, he was found to have suffered a prior conviction for robbery, a serious felony within the meaning of Penal Code section 667, subdivision (a), and a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a) through (d) and 667, subd. (b) through (i)) and was sentenced to prison for a total of 27 years and four months. The sentence consisted of in count 1, the upper term of five years, doubled to ten years by reason of his prior strike conviction, plus one year for the weapon enhancement. For the remaining counts, appellant was sentenced to one third the middle term, or one year, doubled to two years, plus four months each for the weapon enhancement in counts 3, 4, 5, and 7, plus five years for the prior serious felony enhancement. The prosecutions request for restitution was unopposed by the defense and the court ordered restitution in the amounts set forth in the prosecutions sentencing memorandum.
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