P. v. Almieiro
After a mistrial and before a second trial, Adam Almieiro[1]admitted he had previously been convicted of a federal bank robbery that qualified as a prior serious felony conviction (Pen. Code,[2] 667, subd. (a)(1)), a violent prison prior conviction ( 667.5, subd. (a)), and also a strike under the Three Strikes Law ( 667, subd. (b)-(i), 1170.12). A jury subsequently convicted Almieiro of two counts of robbery ( 211) and found true allegations that he personally used a firearm in the commission of each crime ( 12022.53, subd. (b)). After denying motions for a new trial and to dismiss the strike prior, the trial court sentenced Almieiro as a second striker to prison for a total term of 26 years and four months. Court affirm as modified to strike rather than stay Almieiro's prison prior enhancement and to correct the abstract of judgment to reflect he was sentenced under the two strike provisions of the Three Strikes law.
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