People v. Maize CA5

INTRODUCTION

Montrice Lamarr Maize, appellant, was convicted of second degree robbery, with strike allegations and prior serious felony enhancements, and sentenced to 14 years in prison. Appellant argues the trial court failed to exercise its discretion pursuant to Penal Code section 13851 and strike one or both of his prior serious felony enhancements, and that the court erred by denying him a jury trial on the alleged aggravating factors. Appellant alternatively argues his trial counsel was ineffective for failing to object to the imposed enhancements pursuant to the amended section 1385. We affirm.

PROCEDURAL HISTORY

On March 2, 2022, the Kern County District Attorney’s Office filed an information charging appellant with one count of second degree robbery (§ 212.5, subd. (c).) The information alleged appellant was convicted of two prior serious or violent felonies within the meaning of the Three Strikes law (§§ 667, subds. (c)–(j); 1170.12, subds. (a)– (e)), and the felonies were serious felonies for enhancement purposes (§ 667, subd. (a).) On August 23, 2022, the information was amended to add three aggravating circumstances pursuant to California Rules of Court, rule…