P. v. Foy
Defendant Steven Foy pleaded no contest to one count of second degree robbery (Pen. Code, 211),[1]admitted a strike enhancement for a prior conviction of first degree burglary ( 459, 667, subds. (b)-(i), 1170.12), and admitted he had violated his probation in the first degree burglary case. The robbery charge stemmed from an incident in which defendant hit the victim and took her cell phone as she was walking in a park.
In exchange for his plea, it was agreed that defendant would receive a state prison sentence of four years (the low term doubled) for the robbery offense and a consecutive term of one year four months for the probation case (No. 04F04477). In addition, two other counts of second degree robbery, alleged to have occurred on the same date against different victims, were dismissed with a Harvey waiver. Defendant was sentenced in accord with this agreement. The judgment is affirmed.



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