California v. Centeno
Annotate this CaseEmmanuel Jose Centeno pled guilty to assault with a semiautomatic firearm, robbery, and possession of more than 28.5 grams of marijuana. Centeno also admitted allegations as to counts 1 and 2 that he personally used a firearm in committing the offenses within the meaning of Penal Code section 12022.5(a). The trial court sentenced Centeno to prison for three years on count 1 and stayed his sentence for count 2. Under Penal Code section 1385, the court struck the gun enhancements for purposes of sentencing. In addition, for count 3, the court imposed credit for time served. Centeno appealed, contending the trial court abused its discretion by failing to grant him probation. In the alternative, Centeno argued the court erroneously failed to recognize its discretion to strike count 2 (robbery). Finding no reversible error, the Court of Appeal affirmed.
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