P. v. Torres
Raul Gonzales Torres appeals following a jury trial that resulted in his conviction of second degree robbery (Pen. Code, § 211)[1] (count 1) and second degree commercial burglary (§ 459) (count 2). Appellant admitted having served a prior prison term within the meaning of section 667.5, subdivision (b) in case No. 06NF1288 with a conviction date of August 11, 2006. Appellant admitted a prior conviction in case No. VA057006 for a violation of section 245, subdivision (a)(2) with a conviction date of May 8, 2011.
The trial court found that the conviction in case No. VA057006 was for a serious or violent felony under the three strikes law. (§§ 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) After denying appellant’s Romero[2] motion, the trial court sentenced appellant to a total sentence of 10 years. The sentence consisted of the low term of two years for the robbery, doubled to four years under the three strikes law. The trial court imposed a consecutive five years for appellant’s prior serious felony conviction under section 667, subdivision (a)(1) and a consecutive one-year term for appellant’s prior prison term under section 667.5, subdivision (b).
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