PEOPLE v. FERNANDEZ

No. E034306.

20 Cal.Rptr.3d 54 (2004)

The PEOPLE, Plaintiff and Respondent, v. Rigoberto FERNANDEZ et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Two.

Review Granted January 26, 2005.


Attorney(s) appearing for the Case

Richard P. Siref, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Raul Alain Santos Gonzales.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant Armando Fernandez.

Donal M. Hill, Coronado, under appointment by the Court of Appeal, for Defendant and Appellant Oscar Perez.

Douglas G. Benedon, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Michel Fajuardo.

Dacia A. Burz, under appointment by the Court of Appeal, for Defendant and Appellant Rigoberto Fernandez.

Daniel H. Clifford, Bakersfield, under appointment by the Court of Appeal, for Defendant and Appellant Geovanni Gonzales.

Laura G. Schaefer, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Ismely Suarez.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Larissa Karpovics Hendren and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GAUT, J.

1. Introduction1

Seven defendants2 appeal from their convictions after a court trial for conspiracy to commit grand theft (§§ 182 & 487) and commercial burglary (§ 459), involving property worth more than $150,000. (§ 12022.6, subd. (a)(2).) Defendants received sentences of three years four months, four years, and five years.

Defendants were...

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