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Name: People v. Moody
Case #: C037797
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/07/2002
Subsequent History: Rev. denied 5/15/02.
Summary

Appellant was properly sentenced to the midterm of two years in state prison for attempted robbery. Penal Code section 213, subdivision (b) specifically provides a sentence of 16, 2, or 3 triad for attempted robbery. Section 664 does not apply to convictions for second degree robbery. However, the imposition of a full 10-year term for the section 12022.53 firearm enhancement was improper. The attempted robbery offense was imposed as a consecutive subordinate term for sentencing purposes. Therefore, the proper calculation should have been one-third of the 10-year period under section 1170.1, subdivision (a), which dominates the “notwithstanding any other law” language.