People v. Rubio

Opinion

JEFFERSON (Bernard), J.

JDefendant Henry Rubio was charged by information with robbery, in violation of Penal Code section 211. It was further alleged that defendant had used a firearm, to wit, a handgun, while committing the offense. Defendant entered a plea of not guilty. His trial was by jury.

Defendant was found guilty of robbery in the first degree, and the jury determined that the firearm use allegation was true. The trial court found that the jury determination on firearm use was within the meaning of Penal Code section 12022.5. Probation was denied. Defendant was sentenced to…