P. v. Corona
Defendant Ramon Corona appeals from a judgment of conviction entered after a jury found him guilty of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c) – count one) and possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1) – count two). The jury also found that defendant personally used a firearm (Pen. Code, § 12022.53, subd. (b)) and was armed with a firearm (Pen. Code, § 12022, subd. (a)) during the commission of count one. In a bifurcated proceeding, defendant admitted that he had a prior serious felony conviction (Pen. Code, § 667, subd. (a)) and a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). The trial court sentenced defendant to a total term of 19 years in state prison.
On appeal, defendant contends the trial court erred by: (1) admitting evidence of a knife recovered from the suspects’ vehicle, (2) dismissing a juror who was sleeping during trial, and (3) failing to stay sentence on count two pursuant to Penal Code section 654. We conclude that the sentence on count two must be stayed. As modified, the judgment is affirmed.
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