People v. Giles CA2/4

Filed 10/23/13 P. v. Giles CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B241469

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA068902) v.

QUINCY GILES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court for Los Angeles County, Gregory A. Dohi, Judge. Affirmed. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted defendant Quincy Edward Giles of two counts of second degree robbery (Pen. Code,1 § 211), two counts of assault with a firearm (§ 245, subd. (b)), and one count of being a felon in possession of a firearm (§ 12021, subd. (a)(1)). As to the robbery counts, the jury found that defendant personally used a firearm (§ 12022.53, subd. (b)), and as to the assault with a firearm counts, the jury found that defendant personally used a semi-automatic firearm (§§ 1203.06, subd. (a)(1), 12022.5). The jury also found that all of the crimes were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(A), (C).)2 Defendant admitted four prior prison term allegations (§ 667.5, subd. (b)), although the prosecutor subsequently informed the court that the four prior convictions defendant suffered resulted in only three separate prison terms. The trial court sentenced defendant to the upper term of five years on the first robbery count, plus consecutive terms of 10 years under section 12022.53, subdivision (b), and 10 years under section 186.22, subdivision (b)(1)(C), and one year for each of two prior prison terms (the court exercised its discretion not to impose the enhancement as to the remaining eligible prior prison term). The court also imposed a consecutive one-year sentence (one-third the midterm) on the second robbery count, but imposed and stayed the gun and gang enhancements on that count, and imposed and stayed mid-term sentences of six years and the gun and gang enhancements for each of the assault counts. Finally, the court sentenced defendant to a concurrent term of two years on the felon in possession of a firearm