P. v. Cardenas
Following a jury trial, defendants Robert Arriola Cardenas and Timoteo Cabrera Plancarte were convicted of first degree robbery in concert of Baldimir Maraz in an inhabited place (Pen. Code,[1] § 213, subd. (a)(1)(A)) (count one), first degree robbery of Erendira Jiminez in an inhabited building (§§ 211-212.5, subd. (a)) (count two), and false imprisonment (§§ 236, 237, subd. (a)) (lesser included offense to count three, kidnapping to commit robbery).[2] The jury found the allegations that defendant Cardenas had personally used a firearm in committing the offenses (§ 12022.53, subd. (b)) to be not true. The court sentenced each defendant to 11 years in state prison. They both appeal.[3]
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