People v. Sholes CA5

Filed 6/20/16 P. v. Sholes CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F069898 Plaintiff and Respondent, (Super. Ct. Nos. VCF296644 & v. VCF277846B)

TYRONE ANTHONY SHOLES III, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. (Retired Judge of Tulare County Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Defendant Tyrone Anthony Sholes III was convicted by a jury of carjacking (Pen. Code, § 215, subd. (a))1 (count 1); second degree robbery of Mario Whitcomb (§ 211) (count 2); second degree robbery of Robert Taylor (§ 211) (count 3); assault with a firearm (§ 245, subd. (a)(2)) (count 4); possession of a controlled substance for sale (Health & Saf. Code, § 11378) (count 5); and possession of marijuana for sale (Health & Saf. Code, § 11359) (count 6). As to counts 1 through 3, the jury found defendant personally used a firearm in the commission of the crimes (§ 12022.53, subd. (b)), and the jury found the prior strike allegation (§§ 667, subds. (b)–(i), & 1170.12, subds. (a)– (d)) and prior serious felony conviction allegation (§ 667, subd. (a)(1)) true. Defendant was sentenced to a total term of 33 years as follows: (1) 25 years for count 1 (10 years for carjacking, 10 years for the gun enhancement, and five years for the prior strike, to run consecutively); (2) five years four months for count 2, to run consecutive to count 1 (two years for robbery and three years four months for the gun enhancement); (3) 16 years for count 3 to run concurrent to count 1 (six years for robbery and 10 years for the gun enhancement); (4 one year four months for count 5, to run consecutive to count 1; and (5) one year four months for count 6, to run consecutive to count 1.2 Defendant’s sentence of eight months on count 4 was stayed pursuant to section 654 and he received 158 days for in-custody credits. Various fines and fees were imposed and restitution was ordered.