P. v. Espinoza
A jury convicted Ralph Luis Espinoza of two counts of assault with a semiautomatic firearm (Pen. Code,[1] 245, subd. (b); counts 1 & 2), of robbery ( 211; count 3), of four counts of being an ex-felon in possession of a firearm ( 12021, subd.(a); counts 4, 5, 6 & 7), and of being an ex-felon in possession of ammunition ( 12316, subd. (b)(1); count 8). The jury also found true allegations as to all counts, except count 7, that Espinoza committed each offense for the benefit of a criminal street gang ( 186.22, subd. (b)). As to counts 1, 2 and 3, the jury additionally found that Espinoza had personally inflicted great bodily injury ( 12022.7, subd. (a)) and had personally and intentionally discharged a firearm (within the meaning of 12022.5, subd. (a) regarding counts 1 & 2 and 12022.53, subd. (c) regarding count 3).
The trial court subsequently found true that Espinoza had suffered a prior serious felony conviction ( 667, subd.(a)), a prior strike conviction ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)) and two prior prison terms ( 667.5, subd. (b)). After denying a new trial motion, the court sentenced Espinoza to a total prison term of 60 years,[2]which was comprised of, among other things, consecutive terms for the counts 5 and 6 ex-felon in possession of a firearm convictions and a stayed one-year term for one of the prior prison terms.
Comments on P. v. Espinoza