P. v. Martin
A jury convicted defendant Jose Luis Martin of three counts of robbery (Pen. Code, 211),[1] and found true in each count that he personally used a firearm ( 12022.53, subd. (b)). The jury also convicted him of possession of a firearm by a person previously convicted of robbery ( 12021.1, subds. (a) & (b)(18)) and possession of ammunition ( 12316, subd. (b)(1)). The jury found that he had suffered a prior conviction under the Three Strikes law ( 1170.12, subds. (a) (d), 667, subds. (b) (i)), that he had suffered a prior serious felony conviction ( 667, subd. (a)(1)), and that he had served a prior prison term ( 667.5, subd. (b)). The trial court sentenced him to 33 years in state prison. Defendant appeals from the judgment of conviction, contending that his trial attorney was ineffective for not moving to suppress, on Miranda and involuntariness grounds, statements he made under police interrogation. He also contends that section 654 bars separate punishment for, on the one hand, possessing a firearm and ammunition, and, on the other hand, the firearm use enhancements on the robberies. Court affirm.
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