People v. Fuesz CA1/5

I. FACTS AND PROCEDURAL BACKGROUND

According to a pre-sentence probation report, Fuesz committed two bank robberies. On September 13, 2017, he entered a Santa Rosa bank with a bandana covering his face, pointed a handgun at a teller, and demanded money. The teller gave him $1,000, and he left the bank. On September 16, 2017, Fuesz entered a different bank in Santa Rosa while wearing a mask, pointed a gun at an employee, and said, “ ‘This is a robbery. Everybody get down.’ ” After pointing a gun at a customer, he pointed it at a teller and ordered, “ ‘Give me the money.’ ” The teller gave Fuesz $5,230, and he left the bank. A. Convictions and Original Sentencing In February 2018, Fuesz was charged with two counts of second degree robbery (§ 211; counts 1 & 3) and two counts of second degree commercial burglary (§ 459; counts 2 & 4). The Information alleged that he personally used a firearm in his commission of counts 1 and 3 (§ 12022.53, subd. (b)) and in his commission of counts 2 and 4, making counts 2 and 4 serious and violent felonies (§ 12022.5, subd. (a)). In addition, the Information alleged that Fuesz had five prior strike convictions (§§ 667, subds. (d)―(e); 1170.12,…