P. v. Quezada CA4/3
Toy guns have been around for decades. Some look like real guns and many replicas are hard to spot. But here the jury convicted defendant Marcello Quezada of two offenses and three enhancements finding he used a real gun, not a fake, replica, toy, or imitation gun. The jury found defendant guilty of second degree robbery (Pen. Code §§ 211, 212.5, subd. (c)) and possession of a firearm by a prohibited person (§ 29800, subd. (a)(1)). As to the robbery count, the jury found true enhancements that defendant personally used a firearm during the commission of the offense (§§ 12022.53, subd. (b), 12022.5, subd. (a)) and that defendant was armed with a firearm during the commission of the offense (§ 12022, subd. (a)(1)). The court found true four alleged prison priors and sentenced defendant to 14 years in state prison. Defendant appeals the judgment.
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