P. v. Cruz
Appellant Vicente Perez was convicted, following a jury trial, of two counts of second degree robbery in violation of Penal Code[1] section 211. Appellant Jose Rosales Cruz was convicted, following a jury trial, of two counts of robbery in violation of section 211, and one count of resisting arrest in violation of section 148, subdivision (a)(1). The jury found true the allegations that in the commission of the robberies a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1), a principal personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (e)(1) and Cruz personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (e)(1). The jury also found true the allegation that the robberies were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C) and the offense of resisting arrest committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (d). The trial court sentenced appellant Cruz to a total term of 23 years, 8 months in state prison. The court sentenced appellant Perez to a total term of 14 years in state prison.
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