People v. Lopez

Opinion

KINGSLEY, Acting P. J.

The People appeal from the sentence pronounced in a felony case. We affirm the judgment.

Defendant was charged with robbery, in violation of section 211 of the Penal Code. Two prior convictions for robbery were also alleged. Defendant pled nolo contendere to the robbery charge and admitted the two priors. He was sentenced to the upper term of five years on the robbery; the trial court stayed imposition of sentence on the two priors.

On this appeal, the People contend that imposition of sentence on the priors was mandatory. We disagree.

Section 667 of the Penal Code,…