P. v. Borroughs CA2/6
Dacosta Theophilus Borroughs appeals from the judgment entered after a jury convicted him of second degree robbery (Pen. Code, §§ 211, 212.5) and making a criminal threat. (§ 422.) The jury found true an allegation that he had personally used a deadly weapon - a knife - in the commission of the robbery. (§ 12022, subd. (b)(1).) The trial court found true two prior prison terms (§ 667.5, subd. (b)), one prior serious felony conviction (§ 667, subd. (a)(1)), and one prior serious or violent felony conviction (“strike”) within the meaning of California’s “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The court struck the two prior prison terms and sentenced appellant to prison for 11 years, 4 months. It ordered him to stay away from the victim of the criminal threat and the store where the robbery had occurred.
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