P. v. Brown
On December 16, 2011, an information charged defendant and appellant Christopher Lee Brown with robbery under Penal Code[1] section 211. The information also alleged that defendant had served three prior prison terms under section 667.5, subdivision (b). Moreover, the information alleged that defendant previously had been convicted of a serious or violent felony, which constituted a strike prior under section 667, subdivisions (c) and (e)(1), and section 1170.12, subdivision (c)(1). The information further alleged that defendant had a prior conviction for a serious felony under section 667, subdivision (a). The information was subsequently amended to allege that defendant had a second strike prior.
On March 12, 2012, jury trial commenced. Three days later, the jury found defendant guilty of robbery in violation of section 211.[2] Defendant then waived his right to a jury trial on the prior convictions. The trial court dismissed two of the prior prison terms alleged under section 667.5, subdivision (b), on the prosecutor’s motion. The trial court then found that defendant had served the remaining prior prison term under section 667.5, subdivision (b). The court also found true one of the two strike priors alleged under section 667, subdivisions (c) and (e)(1), and section 1170.12, subdivision (c)(1). The court further found that defendant had suffered a prior serious felony under section 667, subdivision (a).
On April 20, 2012, defendant filed a motion for a new trial on the grounds of prosecutorial misconduct; and a motion to strike the remaining strike prior under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The trial court denied both motions.
On June 6, 2012, the trial court sentenced defendant to 11 years in state prison, as follows: Midterm of three years for the section 211 violation, doubled to six years because of the strike prior, plus a consecutive term of five years for the prior serious felony under section 667, subdivision (a). The court also imposed but stayed an additional one year for the prior prison term under section 667.5, subdivision (b).[3] The court awarded defendant presentence credits of 263 actual days and 39 days under section 2933.1. The court also imposed fines and fees as required under the law.
On June 19, 2012, defendant filed a timely notice of appeal.
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