P. v. Guenthard
Appellant Ryan Sterling Guenthard was charged by information with two counts of second degree robbery (Pen. Code § 211).[1] It was alleged with respect to both counts that he personally used a firearm within the meaning of sections 1203.06, subdivision (a)(1), 12022.5, subdivision (a), and 12022.53, subdivision (b). Appellant rejected a pretrial offer of 12 years. At trial, two witnesses identified appellant as the man who had robbed a Gamestop store on January 23, 2012. The witnesses, two clerks working in the store at the time, both were aware a robbery was taking place, but only one saw the gun. The court denied a motion to dismiss count two for lack of evidence. The court granted a defense motion to dismiss the gun use allegation pertaining to count two. The jury found appellant guilty of both counts and found the gun use allegation true. The court denied a defense motion for a new trial. The court imposed a sentence of 13 years consisting of: two years (the low term) for count one, one year (one-third the mid-term) for count two to run consecutively, and 10 years under section 12022.53, subdivision (b) for the firearm use. A sentence of four years was imposed under section 12022.5, subdivision (a) and stayed. Appellant was given 35 days of custody credit.
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