ON OR about March 21, 2012, in South Gate, California, the crime of home invasion robbery, in violation of Penal Code Section 211, a felony, was committed by four individuals, who unlawfully and by means of force (two guns) and fear took personal property from four victims in an inhabited dwelling.
Counts and gun enhancements
The Los Angeles County District Attorney filed four counts of home invasion robbery a felony, against the four individuals for ach of the four victims; one count of false imprisonment by violence in violation of Penal Code Section 236, a felony, against the four individuals, for unlawfully violating the personal liberty of a fifth victim in the same dwelling; and one count of first degree burglary, in violation of Penal Code Section 459, a felony, against the four individuals, committed against the five victims, by entering the inhabited dwelling occupied by the five victims, with intent to commit larceny and any felony.
The felony complaint against the four individuals added special allegations on use of a handgun by two of the of the four individuals, within the meaning of Penal Code Section 12022.53(b), thereby causing the offense to be a serious and violent felony, pursuant to Penal Code Sections 1192.7 (c)(8) and 667.5(c)(8), respectively.
The use of handgun enhancement adds 10 years of imprisonment to the two individuals alleged to have personally used a firearm in the commission of the crimes.
This Author represents one of the four individuals in the Downey Courthouse, who allegedly committed the aforesaid crimes, and alleged to be one the two who used a handgun. His name is withheld to protect his privacy. He is currently detained on $550,000 bail. He is also alleged to be the mastermind of the home invasion robbery, with a television, two I-phones, a wallet, and marijuana taken from the inhabited dwelling.
Home invasion robbery under penal code section 236
The term of imprisonment for a home invasion robbery punishable under Penal Code Section 236 is 3-6-9 years in state prison per count: three years is minimum, 6 years is mid-term, and 9 years is maximum term.
A special allegation may enhance the term of home invasion robbery, as in this case for use of two handguns: a .45 Ruger and a .32 Beretta, adding 10 years of imprisonment.
Moreover, since there are four victims, four counts of home invasion robbery were filed against each of the four individual defendants.
Another count for false imprisonment was filed by the District Attorney against all four defendants for violating the personal liberty of a fifth victim in the same inhabited dwelling.
And as noted above, an additional count for first degree burglary was also filed against all four defendants for taking personal properties: television, two I-phones, wallet, and marijuana from the victims.
Discovery and preliminary hearing setting
As stated earlier, this Author represents one of the four defendants, alleged to have used a handgun: a Beretta, and alleged to be the mastermind of the home invasion robbery.
Discussions with Deputy District Attorney Jose Arias in the Downey Courthouse have resulted in reduction of the original offer from eighteen (18) years to fifteen (15) years of imprisonment for this Author’s client, who did not accept the latest offer of the prosecution.
Meantime, the prosecution has provided the four defendants with additional discovery as requested; and the court scheduled another preliminary hearing setting on August 28, 2012 at 8:30am.
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Roman P. Mosqueda has practiced criminal defense and Immigration law for over 20 years. He is a long-time member of the California Public Defenders Association. , and trained as a prosecutor with the Los Angeles City Attorney under the Trial Advocacy Program of the Los Angeles County Bar Association. He is also a volunteer, State-Bar trained arbitrator on attorney’s fees dispute resolution. Send comments or inquiries to [email protected] , or call (213) 252-9481 for free consultation appointment, or visit his website at www.mosquedalaw.com
